Supreme Court of Georgia, 1910

Twin Theatre Co. v. Liquid Carbonic Co.

Twin Theatre Co. v. Liquid Carbonic Co.
Supreme Court of Georgia · Decided April 27, 1910 · Evans
134 Ga. 460; 67 S.E. 1033; 1910 Ga. LEXIS 227

Twin Theatre Co. v. Liquid Carbonic Co.

Opinion of the Court

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:

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