Gate City Coffin Co. v. Hall

Court of Appeals of Georgia

Gate City Coffin Co. v. Hall

125 S.E. 503, 33 Ga. App. 70, 1924 Ga. App. LEXIS 731

CourtCourt of Appeals of Georgia

DecidedNovember 13, 1924

Docket15811

StatusPublished

Cited by1 cases

This text of 125 S.E. 503 (Gate City Coffin Co. v. Hall) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gate City Coffin Co. v. Hall, 125 S.E. 503, 33 Ga. App. 70, 1924 Ga. App. LEXIS 731 (Ga. Ct. App. 1924).

Pincite

Opinion

Broyles, C. J.

1. Where goods are sold for cash to be paid on delivery, the prepayment of the purchase price is a condition precedent to the sale, and where the purchase price is not paid, the title remains in the vendor, notwithstanding possession of the goods by the buyer. Bergan v. Magnus, 98 Ga. 514 (1) (25 S. E. 570); Starnes v. Roberts, 128 Ga. 718 (58 S. E. 348); Bowen v. DeLoach, 13 Ga. App. 458 (1) (79 S. E. 371).

2. In such a case as above stated the contract is executory (Dilman v. Patterson, 2 Ga. App. 213 (1, 2), 58 S. E. 365), and upon a breach thereof by the buyer the seller can bring an action, under § 4131 of the Civil Code of 1910, to recover the difference between the contract price and the market price.

3. Under the above-stated rulings and the facts of the instant case, the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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