O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(1) Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.
History
Code 1933, § 109A-2-507, enacted by Ga. L. 1962, p. 156, § 1.
Annotations
RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. 6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:434. U.L.A. Uniform Commercial Code (U.L.A.) § 2507. ALR. Effect of premature tender of goods
which is refused by the buyer, 47 A.L.R. 193. Necessity of proving specific reason for injury or damage to shipment of fruit or vegetables in order to overcome prima facie case against carrier where shipment was received in good condition and delivered in bad condition, 115 A.L.R. 1274.
Notes of Decisions
Imex Int'l, Inc. v. Wires Eng'g, 583 S.E.2d 117 (Ga. Ct. App. 2003).
· cites it 2× “Imex admitted that Wires made a tender of delivery to it under OCGA § 11-2-507 and that Imex received delivery of the plastification machine.”
Dixie Bonded Warehouse & Grain Co. v. Allstate Fin. Corp., 755 F. Supp. 1543 (M.D. Ga. 1991).
· cites it 6× “Allstate, Dixie argues, is not entitled to good faith purchaser protection under O.C.G.A. §§ 11-2-507 and 11-2-702, and, therefore, failed to obtain a perfected security interest in Bleckley’s accounts receivable as they pertain to the cotton delivered Bleckley by Dixie.”
Mauk v. Pioneer Ford Mercury, 709 S.E.2d 353 (Ga. Ct. App. 2011).
· cites it 2× “All of these provisions are inconsistent with requiring a tender to revoke a contract for the sale of nonconforming goods under the UCC.”
Henry v. Blankenship, 644 S.E.2d 419 (Ga. Ct. App. 2007).
· cites it 2× “16 See OCGA § 11-2-507 (1) (“Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them”).”
— 11-2-507(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.