Wilson & Wallace v. Comer
Cases that cite this one
6 later published cases cite this decision.
- Taylor v. GILL EQUIPMENT COMPANY (Ga. Ct. App. 1952)
- Owens v. Jones-Kennedy Furniture Co. (Ga. Ct. App. 1922)
- Moon v. Gulf Fish Co. (Ga. Ct. App. 1916)
- First Nat. Bank of Byars v. Griffin Griffin (Okla. 1911)
- Atlantic Life Ins. v. First Nat. Bank (5th Cir. 1933)
- Susong v. McKenna (Ga. 1906)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.