Wilson & Wallace v. Comer

Supreme Court of Georgia

Wilson & Wallace v. Comer

54 S.E. 355, 125 Ga. 500

CourtSupreme Court of Georgia

DecidedMay 16, 1906

StatusPublished

Cited by8 cases

This text of 54 S.E. 355 (Wilson & Wallace v. Comer) 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

Wilson & Wallace v. Comer, 54 S.E. 355, 125 Ga. 500 (Ga. 1906).

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Opinion

Cobb, P. J.

(After stating the foregoing facts.) The sole quesiion in this case is whether title to the lumber passed to the defendant, or whether it remained in the plaintiffs until the check was received in payment of the lumber. If title passed, trover would not lie, and a nonsuit was properly granted. “If personal chattels be sold upon the express condition that they are to be paid for on delivery, and they are delivered upon the faith that the condition will be immediately performed, and performance is refused upon demand in a reasonable time, no title passes to the buyer.” Bergan v. Magnus, 98 Ga. 514, and cit. The transaction in this case was clearly a cash sale, and no title passed to the defendant. The granting of a nonsuit was therefore erroneous, and the judgment is Reversed.

All the Justices concur.

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Cobb, P. J.

(After stating the foregoing facts.) The sole quesiion in this case is whether title to the lumber passed to the defendant, or whether it remained in the plaintiffs until the check was received in payment of the lumber. If title passed, trover would not lie, and a nonsuit was properly granted. “If personal chattels be sold upon the express condition that they are to be paid for on delivery, and they are delivered upon the faith that the condition will be immediately performed, and performance is refused upon demand in a reasonable time, no title passes to the buyer.” Bergan v. Magnus, 98 Ga. 514, and cit. The transaction in this case was clearly a cash sale, and no title passed to the defendant. The granting of a nonsuit was therefore erroneous, and the judgment is Reversed.

All the Justices concur.

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Bluebook (online)

54 S.E. 355, 125 Ga. 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-wallace-v-comer-ga-1906.

Opinion

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