Editor's notes.

- In light of the similarity of the issues dealt with under the sections, decisions under former Code 1933, § 96-101 are included in the annotations for this section.

Proof of price required.

- Price was one of the essentials of contract for sale of goods giving rise to alleged indebtedness, which was denied by defendant in its answer, and proof of price, as amount sued for, was necessary to prove case as alleged; where evidence was insufficient to establish that defendant owed plaintiff any definite amount, as contract price of goods or as market value of goods, nonsuit was proper. Wolfe v. Brown-Wright Hotel Supply Corp., 87 Ga. App. 12, 73 S.E.2d 82 (1952)(decided under former Code 1933, § 96-101).

Suit on open account may be maintained for price of goods sold under contract where price has been agreed upon by seller and purchaser and where seller has performed seller's part of the agreement and nothing remains to be done except for purchaser to make payment. Wolfe v. Brown-Wright Hotel Supply Corp., 87 Ga. App. 12, 73 S.E.2d 82 (1952)(decided under former Code 1933, § 96-101).

Jury issues.

- Language of O.C.G.A. § 11-2-709(1)(b) clearly evinces legislative intent that these matters ordinarily should be subject to determination by a jury and not by the court. Multi-Line Mfg., Inc. v. Greenwood Mills, Inc., 123 Ga. App. 372, 180 S.E.2d 917 (1971).

Cited in Kamlapat v. Purvis-Wade Carpet Mills, 112 Ga. App. 781, 146 S.E.2d 138 (1965); Murray v. Americare-Medical Designs, Inc., 123 Ga. App. 557, 181 S.E.2d 871 (1971); Cornell Indus., Inc. v. Colonial Bank, 162 Ga. App. 822, 293 S.E.2d 370 (1982).

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, §§ 1135-1154.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:705.

C.J.S.

- 77A C.J.S., Sales, § 326.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-709.

ALR.

- Bringing action for price as waiver by conditional vendor of right to reclaim property, 12 A.L.R. 503; 56 A.L.R. 238; 113 A.L.R. 653.

Taking possession of property conditionally sold as affecting action previously commenced for purchase price, 23 A.L.R. 1462.

Right to recover purchase price of articles or substances susceptible of illegal use in manufacture of beverages, 29 A.L.R. 1058.

Provision in land contract for pecuniary forfeiture or penalty upon default of the purchaser as affecting the vendor's right to maintain an action for the purchase price, 32 A.L.R. 617.

Vendor's default in payment of taxes or discharge of encumbrance as affecting his right to maintain action for purchase money, 101 A.L.R. 526.

Seller's, bailor's, lessor's, or lender's knowledge of the other party's intention to put the property or money to an illegal use as defense to action for purchase price, rent, or loan, 166 A.L.R. 1353.

Measure of damages for buyer's breach of contract to purchase article from dealer or manufacturer's agent, 24 A.L.R.2d 1008.

Seller's recovery of price of goods from buyer under UCC § 2-709, 90 A.L.R.3d 1141.

Applicability of UCC Article 2 to mixed contracts for sale of consumer goods and services, 1 A.L.R.7th 3.

Applicability of UCC Article 2 to mixed contracts for sale of goods and services: distributorship, franchise, and similar business contracts, 8 A.L.R.7th 4.

Applicability of UCC Article 2 to mixed contracts for sale of business goods and services: manufacturing, construction, and similar contracts, 15 A.L.R.7th 7.