Morris & Co. v. Walker Bros.
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Ellis. March 29, 1922. The plaintiffs sold certain cheeses under terms which, according to some evidence, were silent as to time of payment, and according" to other evidence provided for payment on delivery. The goods were delivered at the purchaser’s place of business by the plaintiffs’ driver without obtaining payment of the agreed purchase-price.
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Certiorari; from Fulton superior court — Judge Ellis. March 29, 1922. The plaintiffs sold certain cheeses under terms which, according to some evidence, were silent as to time of payment, and according" to other evidence provided for payment on delivery. The goods were delivered at the purchaser’s place of business by the plaintiffs’ driver without obtaining payment of the agreed purchase-price. On the following morning the plaintiffs demanded of the purchaser the goods or the money, but he then informed them that on the day of purchase he resold the goods to the defendant merchants. Under…
1Opinion of the CourtJenkins, P. J.
1. “Whenever personal property is sold and delivered with the condition affixed to the sale that the title thereto is to remain in the vendor of such personal property until the purchase-price thereof shall have heen paid, every such conditional sale, in order for the res1 ervation of title to he valid against third parties, shall be evidenced in writing, and not otherwise. And the written contract of every such conditional sale shall be executed and attested -in the same manner as mortgages on- personal property; as between the parties themselves, the contract as made by them shall be valid…
2Cases cited19 opinions
- Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
- Clarke Bros. v. McNattSupreme Court of Georgia · 1909
- Flannery v. HarleySupreme Court of Georgia · 1903
- National Bank v. GoodyearSupreme Court of Georgia · 1893
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Capital Automobile Co. v. WardCourt of Appeals of Georgia · 1936
- Long v. DyeCourt of Appeals of Georgia · 1931
- Hall v. LecroyCourt of Appeals of Georgia · 1949
- Sparkman v. BrownCourt of Appeals of Georgia · 1930
- Brumby Chair Co. v. City of ColumbusCourt of Appeals of Georgia · 1932
3 more not listed; retrieve them via the Exa API.