Columbus Heating & Ventilating Co. v. Burt

Supreme Court of Georgia

Columbus Heating & Ventilating Co. v. Burt

142 S.E. 551, 166 Ga. 158, 1928 Ga. LEXIS 242

CourtSupreme Court of Georgia

DecidedMarch 14, 1928

DocketNo. 6339

StatusPublished

Cited by6 cases

This text of 142 S.E. 551 (Columbus Heating & Ventilating Co. v. Burt) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Columbus Heating & Ventilating Co. v. Burt, 142 S.E. 551, 166 Ga. 158, 1928 Ga. LEXIS 242 (Ga. 1928).

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Opinion

Gilbert, J.

This is a suit in trover to recover a furnace sold by plaintiff to defendant under a written contract which contained the following: “It is further agreed that the furnace and all materials shall remain our personal property until the whole sum of $185 has been fully paid, or in case we shall accept as payment or part payment for said warm-air apparatus materials any note or notes, until any or all such note or notes and every renewal or renewals thereof shall be fully paid; and you further agree that if you do not pay for said heating apparatus as above specified, you will allow heating contractor to enter your premises unmolested and remove said heating apparatus together with all materials belonging thereto.” The ease originated in the municipal court of Atlanta, was carried to the superior court of Fulton County by certiorari, and comes to this court upon exceptions to the judgment rendered by the superior court.

1. The intention of the parties is shown by the contract, which is unambiguous. According to the contract the furnace, though [159]*159attached to the realty, remained personal property. Smith v. Odom, 63 Ga. 499; Power v. Garrison, 141 Ga. 429 (81 S. E. 225); Armour v. Block, 147 Ga. 639 (95 S. E. 228), and cit.

2. The suit being in trover, and containing no question coming under the jurisdiction of this court, the case must be transferred to the Court of Appeals, which has jurisdiction.

Transferred to the Court of Appeals.

All the Justices concur.

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Gilbert, J.

This is a suit in trover to recover a furnace sold by plaintiff to defendant under a written contract which contained the following: “It is further agreed that the furnace and all materials shall remain our personal property until the whole sum of $185 has been fully paid, or in case we shall accept as payment or part payment for said warm-air apparatus materials any note or notes, until any or all such note or notes and every renewal or renewals thereof shall be fully paid; and you further agree that if you do not pay for said heating apparatus as above specified, you will allow heating contractor to enter your premises unmolested and remove said heating apparatus together with all materials belonging thereto.” The ease originated in the municipal court of Atlanta, was carried to the superior court of Fulton County by certiorari, and comes to this court upon exceptions to the judgment rendered by the superior court.

1. The intention of the parties is shown by the contract, which is unambiguous. According to the contract the furnace, though [159]*159attached to the realty, remained personal property. Smith v. Odom, 63 Ga. 499; Power v. Garrison, 141 Ga. 429 (81 S. E. 225); Armour v. Block, 147 Ga. 639 (95 S. E. 228), and cit.

2. The suit being in trover, and containing no question coming under the jurisdiction of this court, the case must be transferred to the Court of Appeals, which has jurisdiction.

Transferred to the Court of Appeals.

All the Justices concur.

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142 S.E. 551, 166 Ga. 158, 1928 Ga. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbus-heating-ventilating-co-v-burt-ga-1928.

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