Welfare Finance Corp. v. Waters

Decision Date16 July 1958
Docket NumberNo. 37217,No. 1,37217,1
Citation104 S.E.2d 669,98 Ga.App. 20
CourtGeorgia Court of Appeals

Syllabus by the Court.

1. The elements of an action for breach of the seller's title to personalty are the invalidity of the title and loss to the buyer.

2. The holder of a conditional-sale contract, duly recorded in compliance with the statutes pertaining to recordation of such instruments, may, in an action of trover, recover a money verdict against any person who subsequently to the recordation of the contract possessed and disposed of the chattels described therein.

Clyde Waters d/b/a Clyde Waters Motor Company sued Welfare Finance Corporation d/b/a Progressive Finance Company, in the Civil Court of Fulton County.

The petition in its final form alleged: that the defendant is Welfare Finance Corporation, a corporation of the State of Ohio d/b/a Progressive Finance Company, which has a place of business in Fulton County, Georgia, and is subject to the jurisdiction of the court; that on or about the 19th day of July, 1956, W. F. Wright was manager of the Hapeville office of the defendant located at 583 S. Central Avenue in the city of Hapeville, Georgia; that the defendant corporation is in the business of making loans on personal property such as automobiles, diamonds and live stock and furniture and taking the same as collateral for said loans; as manager of the office W. F. Wright had authority to authorize loans, repossess property where the company considered the loan in default, sell repossessed property to others and generally to manage and supervise the activities of the company; that on or about the 19th day of July, 1956, the defendant through its manager, W. F. Wright, sold to your petitioner an automobile, the same being a Ford with eight cylinders of the year of 1955 of Victoria model with Motor No. U5MV-120811; that the manager of the defendant held said property out to be that of the property of the defendant; that the said W. F. Wright at the time of the sale of the automobile heretofore referred to held the same out to be repossessed property of the defendant company; that your petitioner sold the Ford automobile to a third party in good faith; that at the time, the property was encumbered with a contract, the same being a conditional-sale contract, the same having been executed by a previous owner Louie H. Edwards to Adams Motor Company of East Point, Georgia, and transferred to Associated Discount Corporation by transfer, the transfter having been made on May 3, 1955, and a recording certificate filed of record in the county wherein Louie H. Edwards resided at the time, the same being Clayton County, Georgia, the same being filed for record May 21, 1955, and recorded on May 24, 1955; that the said Associate Discount Corporation made demand upon your petitioner and your petitioner was forced to pay the Associate Discount Corporation the sum of $1,200.85; that as a result of said action of the defendant your petitioner has been damaged in the sum of 1,200.85; that the plaintiff notified the defendant corporation of said outstanding contract by a letter dated May 20, 1957, the letter having been received by the defendant, a copy of the letter being attached hereto, made a part hereof and marked Exhibit 'a'. Exhibit 'a' read:

'May 20, 1957

'Progressive Finance Company

583 Central Avenue

Hapeville, Georgia

Re: 1955 Ford Victoria


'Please be advised that our client, Clyde Waters Motor Company of Tucker, Georgia, purchased from the Progressive Finance Company the above stated motor vehicle for the sum of $1375 through your manager, W. F. Wright, who held the car out to be a foreclosure. Thereupon the client, Clyde Waters Motor Company, issued their check No. 742 on the First National Bank of Atlanta in the sum of $1357 to Progressive Finance Company, the same having been endorsed Progressive Finance...

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2 cases
  • Wood v. Hub Motor Co.
    • United States
    • Georgia Court of Appeals
    • June 30, 1964
    ...action on an implied warranty. A petition which makes both of these elements appear is not subject to demurrer. Welfare Finance Corp. v. Waters, 98 Ga.App. 20, 23, 104 S.E.2d 669. This petition shows a transaction covered by the statute. The plaintiff need only show that the automobile was ......
  • Holcombe v. Parker, 37212
    • United States
    • Georgia Court of Appeals
    • July 16, 1958

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