O.C.G.A. § 11-10-103 (2019)
Certain Code sections superseded in part
The provisions of the following chapters of the Official Code of Georgia Annotated, as amended, shall yield to and be superseded by any provisions of this title which conflict therewith: Article 2 of Chapter 14 of Title 44, relating to mortgages. Article 4 of Chapter 14 of Title 44, relating to mortgages and bills of sale for crops. Article 3 of Chapter 14 of Title 44, relating to conveyances to secure debt.
History
Code 1933, § 109A-10 - 103.2, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1963, p. 188, § 39.
Annotations
Law reviews. For article on the 1963 amendment to the Georgia Uniform Commercial Code, see 14 Mercer L. Rev. 378 (1963).
JUDICIAL DECISIONS Warranties to ultimate consumer. - Repeal of former Code 1933, § 96-307, which provided implied warranty to ultimate consumer for whom product was intended, did not mean that there can be no warranties even if manufacturer or producer makes express warranty to ultimate consumer, which is commonly done in sales of a number of items, such as automobiles and household appliances. Evershine Prods., Inc. v. Schmitt, 130 Ga.
App. 34, 202 S.E.2d 228, 1973 Ga. App. LEXIS 1213 (1973). Discharge of sureties and parties on instruments. - Code 1933, § 103203 was superseded by former Code 1933, § 14-902, which was, in turn, repealed by O.C.G.A. § 11-10-103. The law governing discharge of sureties and other parties on instruments is currently governed by the Uniform Commercial Code provisions cited in O.C.G.A. § 11-3-601. Christian v.
Atlanta Army Depot Fed. Credit Union, 151 Ga. App. 403, 260 S.E.2d 533, 1979 Ga. App. LEXIS 2547 (1979). Direct action against manufacturer for breached warranty. - Repeal of former Code 1933, C. 96-3, by O.C.G.A. § 11-10-103 means that the ultimate buyer in Georgia cannot sue the manufacturer directly on breach of implied warranty where buyer does not purchase directly from manufacturer. Chaffin v. Atlanta Coca-Cola Bottling Co., 127 Ga.
App. 619, 194 S.E.2d 513, 1972 Ga. App. LEXIS 977 (1972). Implied warranty to one’s household and guests provided for in Ga. L. 1957, p. 405, was repealed in 1962 by O.C.G.A. § 11-10-103 but same protection was simultaneously incorporated in O.C.G.A. § 11-2-318. Stewart v. Gainesville Glass Co., 131 Ga. App. 747, 206 S.E.2d 857, 1974 Ga. App. LEXIS 1542 (1974), aff’d, 233 Ga. 578, 212 S.E.2d 377, 1975 Ga. LEXIS 1377 (1975).
RESEARCH REFERENCES Am. Jur. 2d. 15A Am. Jur. 2d, Commercial Code, §§ 10, 43. U.L.A. Uniform Commercial Code (U.L.A.) § 10-103. ALR. Forfeiture by innocent vendor of article sold conditionally and used by vendee in violation of law, 2 A.L.R. 1596.
Taking note for price as waiver of reservation of title under conditional sale, 13 A.L.R. 1044; 55 A.L.R. 1160. What amounts to a conditional sale, 17 A.L.R. 1421; 43 A.L.R. 1247; 92 A.L.R. 304; 175 A.L.R. 1366. Rights and duties of parties to conditional sales contract as to resale of repossessed property, 49 A.L.R.2d 15.