Georgia Court of Appeals, 1922

Overstreet & Co. v. Carmichael Grocery Co.

Overstreet & Co. v. Carmichael Grocery Co.
Georgia Court of Appeals · Decided November 14, 1922 · Broyles
29 Ga. App. 189; 114 S.E. 714; 1922 Ga. App. LEXIS 146

Overstreet & Co. v. Carmichael Grocery Co.

Opinion of the Court

Broyles, C. J.

Where the purchaser refuses to take and pay for goods bought, and the vendor elects to sell them, acting for this purpose as agent of the purchaser, and to recover the difference between the contract price and the price on resale, he must give the purchaser timely and definite notice of his election. See Bridges Grocery Co. v. Dan Joseph Co., 9 Ga. App. 189 (70 S. E. 964). Under the facts of the instant case, the court did not err in awarding a nonsuit.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.