Twin Theatre Co. v. Liquid Carbonic Co.

Supreme Court of Georgia

Twin Theatre Co. v. Liquid Carbonic Co.

67 S.E. 1033, 134 Ga. 460, 1910 Ga. LEXIS 227

Supreme Court of Georgia·Decided April 27, 1910·Published·Cited by 3 cases

Opinion

Evans, P. J,

A landlord levied a distress warrant on a soda fountain, which was claimed by one who had sold it to the tenant under a written contract retaining title thereto until the purchase-money was paid. The reserved-title note was not recorded within thirty days of its date, but was recorded before the levy of the distress warrant. The evidence showed a complete rescission of the contract of sale, and a surrender of the soda fountain by the tenant to the claimant prior to the levy. Held, that it was not error to direct a verdict for the claimant.

Judgment affirmed.

All the Justices concur:

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Evans, P. J,

A landlord levied a distress warrant on a soda fountain, which was claimed by one who had sold it to the tenant under a written contract retaining title thereto until the purchase-money was paid. The reserved-title note was not recorded within thirty days of its date, but was recorded before the levy of the distress warrant. The evidence showed a complete rescission of the contract of sale, and a surrender of the soda fountain by the tenant to the claimant prior to the levy. Held, that it was not error to direct a verdict for the claimant.

Judgment affirmed.

All the Justices concur:

Twin Theatre Co. v. Liquid Carbonic Co., 67 S.E. 1033, 134 Ga. 460, 1910 Ga. LEXIS 227 (Ga. 1910).

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