Park's annotated code of the state of Georgia, 1914 Volume 9; embracing the code of 1910 and amendments and additions thereto made by the General ... annotations from the judicial decisions

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...14 App. 47 (1) (80 S. E. 21). Rule that delivery of freight to common carrier is delivery to consignee may be varied by agreement. 14 App..38l (1) (80 S. E. 863). Where goods are found to be in damaged condition on arrival, consignee 's right to reject such goods depends on contract with shipper. Id. Where goods are sold "f. o. b. cars" at time of shipment, contract is complied with by delivery to any one of several common carriers in city, whether cars are on regularly used spur or sidetrack, or on main line, or at depot of carrier, at point of shipment. 14 App. 778 (82 S. E. 372). While ordinarily, as between consignor and consignee of goods which consignee has directed consignor to ship to him, delivery by consignor to carrier of goods is delivery to consignee, yet where order and contract for goods names carrier to whom they are to be delivered for shipment, delivery to carrier other than as contracted is not delivery to consignee; especially is this true where uncontradicted evidence shows that goods were never received bv consignee. 22 App. 537 (1) (96 S. E. 346). Without agreement to contrary, delivery of freight to common carrier is regarded as delivery to consignee, and any loss or damage to goods in transit would fall on him; such rule may be varied by agreement. 24 App. 610 (1) (101 S. E. 697). Constructive delivery: Where sale is relied upon by one as vendee, and it appears that possession is retained by vendor, something more than parol agreement of sale relating to transfer of title and possession is necessary to constitute constructive delivery; after contract was made, some act must have been done within intention of parties indicating assertion of dominion over goods by vendee, and it is no objection that such act be done by vendo...