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NALLEY CHEVROLET, INC. v. CALIFORNIA BANK

37870.

100 Ga. App. 197 (1959)

110 S.E.2d 577

NALLEY CHEVROLET, INC. v. CALIFORNIA BANK, Transferee.

Court of Appeals of Georgia.

Decided September 17, 1959.

Attorney(s) appearing for the Case

Smith, Field, Doremus & Ringel, Arthur B. L. Martin, H. A. Stephens, Jr., for plaintiff in error.

Joel J. Fryer, contra.

TOWNSEND, Judge.

1. While an election on the part of a plaintiff to affirm a contract of sale by means of a foreclosure against the property as the property of the defendant constitutes such an election of remedies as would bar the plaintiff from later repudiating the contract and bringing an action in trover to recover the property on the theory that title remained in the plaintiff (Kennedy v. Manry, 6 Ga.App. 816 (2), 66 S. E. 29) and the contrary...

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