Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 96-107 are included in the annotations for this section.

Unexplained failure to deliver.

- While delivery of property is not essential to passage of title to grantee, such delivery usually accompanies a transfer of title and absence of delivery calls for explanation. Failure to deliver property sold, when unexplained, is a badge of fraud, and a circumstance tending, when taken in connection with other circumstances, to show that title did not pass. Wallis v. Bellah, 59 Ga. App. 633, 1 S.E.2d 773 (1939) (decided under former Code 1933, § 96-107).

Where plaintiff purchases machinery already in husband's possession.

- Where plaintiff purchased from defendant certain farm machinery which had theretofore been purchased by her husband, to be used by him in operating a farm belonging to plaintiff, which machinery was in possession of her husband on farm, and parties did not contemplate that machinery was to be delivered to wife at any other place, there was no merit to contention that before plaintiff could be held liable on such contract of purchase it had to appear that defendant actually repossessed machinery from husband and thereafter made actual physical delivery to wife. Johnson v. Hinson, 188 Ga. 639, 4 S.E.2d 561 (1939) (decided under former Code 1933, § 96-107).

Cited in Undercofler v. Eastern Air Lines, 221 Ga. 824, 147 S.E.2d 436 (1966); Mitchell-Huntley Cotton Co. v. Lawson, 377 F. Supp. 661 (M.D. Ga. 1973); Promech Corp. v. Brodhead-Garrett Co., 131 Ga. App. 314, 205 S.E.2d 511 (1974); Cone Mills Corp. v. A.G. Estes, Inc., 377 F. Supp. 222 (N.D. Ga. 1974); Amatulli Imports, Inc. v. House of Persia, Inc., 191 Ga. App. 827, 383 S.E.2d 192 (1989).

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 123-128.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:88.

C.J.S.

- 77A C.J.S., Sales, §§ 158 et seq., 189, 197, 208 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-301.

ALR.

- Duty of principal to fill orders under sales-agency contract, 52 A.L.R. 557.

Inability of a seller of a commodity manufactured or produced by a third person to obtain the same from the latter as a defense to an action by the buyer for breach of the contract, 80 A.L.R. 1177.

Mutuality and enforceability of contract to furnish another with his needs, wants, desires, requirements and the like, of certain commodities, 26 A.L.R.2d 1139.

Repossession by secured seller as affecting his right to recover on note or other obligation given as a down payment, 49 A.L.R.3d 364.