Metropolitan Tractor Co., Inc. v. Wright, 53208

• Decision Date: 17 March 1977
• Docket Number: No. 53208,No. 1,53208,1
• Citation: 234 S.E.2d 172,141 Ga.App. 629
• Parties: METROPOLITAN TRACTOR COMPANY, INC. v. J. W. WRIGHT
• Court: Georgia Court of Appeals

Page 172

234 S.E.2d 172

141 Ga.App. 629

METROPOLITAN TRACTOR COMPANY, INC. v. J. W. WRIGHT.

No. 53208.

Court of Appeals of Georgia, Division No. 1.

March 17, 1977.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, George B. Haley, Joseph P. McGuire, Atlanta, for appellant.

Richard L. Parker, Palmetto, for appellee.

SMITH, Judge.

This is an appeal from the grant of summary judgment in favor of the plaintiff in a contract action. Jimmy Wright sued Metropolitan Tractor Co. alleging that a cashier's check for $2500 had been delivered to Metropolitan as partial payment for a John Deere tractor but the tractor had never been received. After consideration of the pleadings and two affidavits from each party, the trial court granted Wright's motion for summary judgment. Metropolitan requested reconsideration and filed further affidavits, but the request was denied. Metropolitan appeals. Held : reversed.

Wright introduced affidavits showing that he sought and received a $2500 loan from the Citizens and Southern Newnan Bank to purchase a John Deere tractor from Metropolitan. The bank issued a check for $2500 to the order of "Jimmie W. Wright & Metropolitan Tractor Co." for the purchase of a specified John Deere tractor. Wright endorsed the check and had it delivered by messenger to Metropolitan, the messenger having been instructed to take delivery of the tractor. The check was endorsed in blank by Metropolitan and returned to the messenger, who thereafter deposited it in his own account. The tractor was never delivered to Wright.

Metropolitan introduced affidavits showing that it had received a purchase order for a John Deere Tractor from Contract Services Systems, Inc. A down payment of $1400 had been made, and the contract was contingent upon Contract Services' success in obtaining financing for the balance of $4368. Wright, who was sales manager for Contract Services, informed Metropolitan that he was buying a one-half interest in the tractor from Contract Services, and he requested a representative of Metropolitan to contact the C & S Newnan Bank and give them information on the wholesale value of the tractor.

A few days later, Wright contacted Metropolitan and said the bank had issued a $2500 check for his purchase of the interest in the tractor, but it named Metropolitan as co-payee. He requested Metropolitan to endorse the check so that he could obtain the funds without the delay of requesting a new check. The check was brought to...