Horn v. Georgia Fertilizer & Oil Co.

Court of Appeals of Georgia

Horn v. Georgia Fertilizer & Oil Co.

88 S.E. 991, 18 Ga. App. 35, 1916 Ga. App. LEXIS 97

CourtCourt of Appeals of Georgia

DecidedMay 1, 1916

Docket6645

StatusPublished

This text of 88 S.E. 991 (Horn v. Georgia Fertilizer & Oil Co.) 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

Horn v. Georgia Fertilizer & Oil Co., 88 S.E. 991, 18 Ga. App. 35, 1916 Ga. App. LEXIS 97 (Ga. Ct. App. 1916).

Pincite

Opinion

Wade, J.

1. The vendor of a personal chattel who has reserved title therein can not, by retaking the property upon an agreement of the vendee to rescind the sale, cut off rights of third persons which have intervened. • The contract of conditional sale must be enforced in accordance with the provisions of the statute, in order that the rights of third persons which have attached to the vendee’s equity in the property may not be injuriously affected.

2. The evidence authox-ized the vei’dict, and there was no eri’or in x-efusing the motion for a new trial. Judgment affirmed.

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Wade, J.

1. The vendor of a personal chattel who has reserved title therein can not, by retaking the property upon an agreement of the vendee to rescind the sale, cut off rights of third persons which have intervened. • The contract of conditional sale must be enforced in accordance with the provisions of the statute, in order that the rights of third persons which have attached to the vendee’s equity in the property may not be injuriously affected.

2. The evidence authox-ized the vei’dict, and there was no eri’or in x-efusing the motion for a new trial. Judgment affirmed.

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Bluebook (online)

88 S.E. 991, 18 Ga. App. 35, 1916 Ga. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horn-v-georgia-fertilizer-oil-co-gactapp-1916.