Gay v. Medlock

Court of Appeals of Georgia

Gay v. Medlock

75 S.E. 821, 11 Ga. App. 478, 1912 Ga. App. LEXIS 63

CourtCourt of Appeals of Georgia

DecidedSeptember 24, 1912

Docket3554

StatusPublished

This text of 75 S.E. 821 (Gay v. Medlock) 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

Gay v. Medlock, 75 S.E. 821, 11 Ga. App. 478, 1912 Ga. App. LEXIS 63 (Ga. Ct. App. 1912).

Pincite

Opinion

Russell, J.

This was an action in trover, and, the evidence being undisputed that the plaintiff sold the horse which he sought to recover, and Voluntarily parted with its possession after receiving the stipulated purchase-price, it was not error to award a nonsuit. The plaintiff failed to show either title or right of possession; and either one or the other of these is essential to a recovery in trover. The fact that the plaintiff may have had a right of action arising from a breach of the warranty of the title, as to the horse for which he swapped, would not entitle him to recover by trover the horse he traded, there being no evidence that the trade was rescinded.

Judgment affirmed.

Pottle, J., not presiding.

Free access — add to your briefcase to read the full text and ask questions with AI

Russell, J.

This was an action in trover, and, the evidence being undisputed that the plaintiff sold the horse which he sought to recover, and Voluntarily parted with its possession after receiving the stipulated purchase-price, it was not error to award a nonsuit. The plaintiff failed to show either title or right of possession; and either one or the other of these is essential to a recovery in trover. The fact that the plaintiff may have had a right of action arising from a breach of the warranty of the title, as to the horse for which he swapped, would not entitle him to recover by trover the horse he traded, there being no evidence that the trade was rescinded.

Judgment affirmed.

Pottle, J., not presiding.

Cite This Page — Counsel Stack

Bluebook (online)

75 S.E. 821, 11 Ga. App. 478, 1912 Ga. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-medlock-gactapp-1912.