Moore v. Walker

1. Title to agricultural products sold by planters and commission merchants does not pass to the buyer until fully paid for. Civil Code (1910), § 4126.

2. A check is not payment until it is paid, unless the payee accepts it as such. Civil Code (1910), § 4314; Butler v. Barnes, 8 Ga. App. 513 (69 S. E. 923); Holland v. Mutual Fertilizer Co., 8 Ga. App. 714 (70 S. E. 151); Kirby Planing Mill Co. v. Titus, 14 Ga. App. 1 (80 S. E. 18).

3. Applying the foregoing principles to the instant case, which was a trover action to recover a carload of melons, the plaintiff had no title to the property sued…