Waldrip v. Associates Financial Services Co.
Waldrip v. Associates Financial Services Co.
Opinion of the Court
This is a trover suit brought by the holder of title retention sale contracts for the recovery of two mobile homes. The case was tried by the judge on an agreed statement of facts. The plaintiff having elected to take the value of the property was granted a money judgment.
The defendant contends that he had acquired legal title to the vehicles by the sale to him from the original purchasers. We do not agree. He acquired no title from his vendors because they had none to give him. The fact that the Georgia certificates of title were issued to the original purchasers will not change the result as the certificates are only prima facie evidence of title. Code Ann. § 68-411a (c). This prima facie evidence of title is negated by the terms of the security agreements retaining title in the plaintiff until the full time balance has been paid. The stipulated facts show that a balance was still outstanding and due. In this posture no title could pass. Thus, the tenders by the defendant are of no importance in this case.
It has been repeatedly held that when personal property is sold under a contract by which the vendor retains the title until the purchase money is paid and where, without payment, the purchaser resells it to another who takes
Judgment affirmed.
Reference
- Full Case Name
- WALDRIP v. ASSOCIATES FINANCIAL SERVICES COMPANY, INC
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- 1 case
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- Published