Opinion

Jones v. Brown

  • 108 Ga. App. 776
  • 134 S.E.2d 440
  • 1963 Ga. App. LEXIS 770
Court
Court of Appeals of Georgia
Filed
Dec 5, 1963
Status
Published
Author
Felton
On the bench
Russell, Eberhardt, Felton
Cited by
9 cases
Authority
More cited than 6.1%

The opinion

Felton, Chief Judge,

concurring specially. I concur in the judgment for one reason only and that is that the plaintiff did not prove what was the difference between the value of the property and the amount of the balance of the purchase money owed by the plaintiff which was the amount the plaintiff was entitled to recover under Arsdale v. Joiner, 44 Ga. 173 . While no ruling on the matter of estoppel is made by the majority opinion, I wish it clearly understood that in my opinion there can be no estoppel invoked against the plaintiff on the ground that she did anything to lead anybody to believe that the credit company had a right to sell the property as its own or as agent for the plaintiff. The credit company and the defendant without question converted the property, and nothing happened after the conversion to remove the consequence of the conversion. The Arsdale case, supra, involved a pledge but the principle is the same as here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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