149 Ga. App. 579 - Elliott v. State’s Empirical Analysis
1979
Citation profile
12 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 2002
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Stull v. State · Harris v. State · 133 Ga. App. 244 - Croy v. State · 36 Ga. App. 675 - Vaughan v. State · 64 Ga. App. 311 - Gilligan v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The merchants/sellers] testified that, in their opinion, each transaction was “cash and carry,” though it is clear that they extended credit to the appellant at least until the date on which he agreed to return with the purchase price. Apparently, by “cash and carry” the [merchants] sought to show that while they allowed the appellant to “carry” the merchandise away, they did not intend to divest themselves of ownership until they received the “cash.” However, what parties subjectively intend by their actions cannot take precedence over what the law determines to be the legal effect thereof. Under Georgia law, a “sale” consists in the passing of title from the seller to the buyer for a price. Code Ann. § 109A-2-106(1). Unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to .the physical delivery of the goods. Code Ann. § 109A-2-401. The evidence here shows that the appellant offered to pay in the future for goods to be delivered in the present. The seller agreed, delivered the merchandise to the appellant, and did not retain any security interest therein. Thus, there was a completed “sale” of the goods in question, and the appellant had not only rightful possession of the items, but title to them as well. The sole “interest” that the merchants had in the goods was a right to future payment pursuant to the sales contract.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.