55 S.E.2d 675 | Ga. Ct. App. | 1949
1. While it was pleaded and proved in the present case that under the law of Alabama (Barksdale v. Banks,
2. The contention of the plaintiff that the notation, "Paid by check," on the bill of sale was sufficient to put the defendant on notice as to whether or not the plaintiff intended to retain title to the automobile until the check was paid, and thereby raised an issue for submission to the jury as to the bona files of the defendant, is controlled adversely to the plaintiff by Capital Automobile Co. v. Ward,
3. The contention that since it was testified that the 1947 Buick convertible automobile was taken in at $2400, whereas it had been sold by *137 the plaintiff for $2725, a jury question was thereby raised as to the bona fides of the defendant is without merit, since it was explained that the used car traded therefor with $1200 additional was actually worth $1395, and that to avoid showing a loss on the books of the defendant the price of the 1947 Buick convertible automobile was depressed to $2400 and the price of the used car included in the trade depressed to $1200.
Judgment affirmed. Sutton, C. J., and Felton, J.,concur.