29 Ga. App. 476 | Ga. Ct. App. | 1923
1. “Whenever personal property is sold and delivered with the condition affixed to the sale that the title thereto is to remain in the vendor of such personal property until the purchase-price thereof shall have heen paid, every such conditional sale, in order for the res1 ervation of title to he valid against third parties, shall be evidenced in writing, and not otherwise. And the written contract of every such conditional sale shall be executed and attested -in the same manner as mortgages on- personal property; as between the parties themselves, the contract as made by them shall be valid and may be enforced, whether evidenced in writing or not.’.5 Such reservations of title “ must be recorded within thirty days from their date.” Civil Code (1910), §§ 3318, 3319; Penland v. Cathey, 110 Ga. 431 (35 S. E. 659); Davis v. Banks, 142 Ga. 93 (82 S. E. 497).
2. In a sale of goods, where nothing is said between the parties as to the time of .payment of the price, the transaction is understood to be a cash sale. Civil Code (1910), § 4130; 23 E. C. L. 1382 (§ 205); 35 Cyc. 264 (§3). In such a case the mere fact that the buyer obtained possession of the goods without payment of the purchase-price does not, as between the vendor and the vendee, operate to pass the title, and trover will lie against him to recover the goods or their equivalent in money. Bergen v. Magnus, 98 Ga. 514 (25 S. E. 570); Wilson v. Comer, 125 Ga. 500 (54 S. E. 355, 114 Am. St. R. 245); Susong v. McKenna, 126 Ga. 433 (55 S. E. 236); Starnes v. Roberts, 128 Ga. 718 (58 S. E. 348); Moon v. Gulf Fish Co., 18 Ga. App. 267 (89 S. E. 374). But where, under the express or implied terms of- a sale, the purchase-price is to be paid upon delivery of the goods, and the vendor, without collecting the purchase-price, nevertheless proceeds to make delivery in pursuance of his contract, and the vendee, after such delivery, proceeds to resell the goods to a bona fide purchaser for value, the rights of such innocent third person are governed by the provisions of sections 3318 and 3319 of the Civil Code relative to conditional sales, and the vendor cannot recover the goods from such innocent purchaser, where the terms of sale had not been reduced to writing and recorded as required by the statute. Wheeler v. Bank, 105 Ga. 57, 59, 61 (31 S. E. 48). The rule which thus obtains in favor of bona fide purchasers
Judgment affirmed.