Editor's notes.

- In light of the similarity in the provisions, decisions under former Code 1933, §§ 96-107 and 96-113 are included in the annotations for this section.

Action for price as remedy for wrongful rejection.

- O.C.G.A. § 11-2-602 recognizes that wrongful rejections may occur and refers to O.C.G.A. § 11-2-703 for seller's remedies in such event, one of which is an action for the price. Cochran v. Horner, 121 Ga. App. 297, 173 S.E.2d 448 (1970); Lipsey Motors v. Karp Motors, Inc., 194 Ga. App. 15, 389 S.E.2d 537 (1989).

Nondelivery as defense.

- Defendant, maker of note, having breached contract by refusing to accept goods purchased thereunder, the contract by its terms not subject to cancellation, and vendor having elected to store goods for vendee, and having notified vendee of disposition of the goods, defendant cannot set up as a defense to suit on the note that merchandise was not delivered to vendee according to contract terms. Carnation v. Pridgen, 84 Ga. App. 768, 67 S.E.2d 485 (1951) (decided under former Code 1933, § 96-107).

Proving that measure of damages is incorrect.

- In suit brought by vendor on contract for sale of grapevines where the buyer refused to accept the vines, measure of damages, and often amount of damages, will vary with plaintiff's election, and defendant has right to deny this and prove that measure of damages sued for is not correct under the evidence. Hester v. Love, 84 Ga. App. 765, 67 S.E.2d 481 (1951) (decided under former Code 1933, § 96-113).

Failure to make payment.

- In a suit involving an oral contract to sell a horse, it was error to grant summary judgment to the seller; there was a factual dispute as to whether the parties agreed on a deadline for payment and thus as to whether the seller was entitled to cancel the contract under O.C.G.A. § 11-2-703 when the buyer did not send a payment until after the alleged deadline expired. Rowland v. Scarborough Farms, LLC, 285 Ga. App. 831, 648 S.E.2d 151 (2007).

Cited in Imex Int'l v. Wires Eng'g, 261 Ga. App. 329, 583 S.E.2d 117 (2003).

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 438 et seq. 67A Am. Jur. 2d, Sales, §§ 986-1163.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:653.

C.J.S.

- 77A C.J.S., Sales, § 326.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-703.

ALR.

- Remedy of contractor, who has partially performed before discovering fraud, as to character or amount of work, 2 A.L.R. 1396.

Right of seller to rescind or refuse further deliveries upon the buyer's failure to pay for instalments, 14 A.L.R. 1209; 75 A.L.R. 609.

Right of seller to ship goods after notice of repudiation by buyer, 27 A.L.R. 1230.

Expense of caring for personal property prior to its resale upon failure of sale contract, 29 A.L.R. 61.

Liability of labor organization for inducing breach of contract to furnish or accept material, 29 A.L.R. 562.

Rights of parties to a timber contract upon failure of purchaser to remove timber within time fixed or within a reasonable time, 31 A.L.R. 944; 42 A.L.R. 641; 71 A.L.R. 143; 164 A.L.R. 423.

Anticipatory repudiation of contract for sale of goods by buyer as affecting time as of which damages are to be computed, 34 A.L.R. 114.

Measure of damages for buyer's repudiation of or failure to accept goods under executory contract, 44 A.L.R. 215; 108 A.L.R. 1482.

Rights and remedies upon cancelation of sales agency, 52 A.L.R. 546; 89 A.L.R. 252.

Bringing action for price as waiver by conditional vendor of right to reclaim property, 56 A.L.R. 238; 113 A.L.R. 653.

Rights and remedies as between parties to a conditional sale after the seller has repossessed himself of the property, 83 A.L.R. 959; 99 A.L.R. 1288; 49 A.L.R.2d 15.

Guaranty as covering buyer's liability for goods which he refused to accept, 94 A.L.R. 548.

Performance by vendor of covenant to make improvement as condition of his right to recover purchase price or instalment thereof, 104 A.L.R. 1062.

Return of chattel to seller after delivery to buyer as revival of seller's lien; and its effect upon conditions of enforcing lien, 118 A.L.R. 564.

Seller's right to retain down payment on buyer's unjustified refusal to accept goods, 11 A.L.R.2d 701.

Rights and duties of parties to conditional sales contract as to resale of repossessed property, 49 A.L.R.2d 15.

Infant's liability for use or depreciation of subject matter, in action to recover purchase price upon his disaffirmance of contract to purchase goods, 12 A.L.R.3d 1174.

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.