The provisions of the following chapters of the Official Code of Georgia Annotated, as amended, shall yield to and be superseded by any provisions of this title which conflict therewith:
Article 2 of Chapter 14 of Title 44, relating to mortgages.
Article 4 of Chapter 14 of Title 44, relating to mortgages and bills of sale for crops.
Article 3 of Chapter 14 of Title 44, relating to conveyances to secure debt.
(Code 1933, § 109A-10 - 103.2, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1963, p. 188, § 39.)
Law reviews.- For article on the 1963 amendment to the Georgia Uniform Commercial Code, see 14 Mercer L. Rev. 378 (1963).
JUDICIAL DECISIONS
Warranties to ultimate consumer.
- Repeal of former Code 1933, § 96-307, which provided implied warranty to ultimate consumer for whom product was intended, did not mean that there can be no warranties even if manufacturer or producer makes express warranty to ultimate consumer, which is commonly done in sales of a number of items, such as automobiles and household appliances. Evershine Prods., Inc. v. Schmitt, 130 Ga. App. 34, 202 S.E.2d 228 (1973).
Discharge of sureties and parties on instruments.
- Code 1933, § 103-203 was superseded by former Code 1933, § 14-902, which was, in turn, repealed by O.C.G.A. § 11-10-103. The law governing discharge of sureties and other parties on instruments is currently governed by the Uniform Commercial Code provisions cited in O.C.G.A. § 11-3-601. Christian v. Atlanta Army Depot Fed. Credit Union, 151 Ga. App. 403, 260 S.E.2d 533 (1979).
Direct action against manufacturer for breached warranty.
- Repeal of former Code 1933, Ch. 96-3, by O.C.G.A. § 11-10-103 means that the ultimate buyer in Georgia cannot sue the manufacturer directly on breach of implied warranty where buyer does not purchase directly from manufacturer. Chaffin v. Atlanta Coca-Cola Bottling Co., 127 Ga. App. 619, 194 S.E.2d 513 (1972).
Implied warranty to one's household and guests provided for in Ga. L. 1957, p. 405, was repealed in 1962 by O.C.G.A. § 11-10-103 but same protection was simultaneously incorporated in O.C.G.A. § 11-2-318. Stewart v. Gainesville Glass Co., 131 Ga. App. 747, 206 S.E.2d 857 (1974), aff'd, 233 Ga. 578, 212 S.E.2d 377 (1975).
Cited in Murray v. Life Ins. Co., 107 Ga. App. 545, 130 S.E.2d 767 (1963); Northeast Factor & Disct. Co. v. Mortgage Invs., Inc., 107 Ga. App. 705, 131 S.E.2d 221 (1963); Frye v. Commonwealth Inv. Co., 107 Ga. App. 739, 131 S.E.2d 569 (1963); Mack Trucks, Inc. v. Ryder Truck Rental, Inc., 110 Ga. App. 68, 137 S.E.2d 718 (1964); Charles S. Martin Distrib. Co. v. First State Bank, 114 Ga. App. 693, 152 S.E.2d 599 (1966); Alice v. Robett Mfg. Co., 328 F. Supp. 1377 (N.D. Ga. 1970); Myers v. F & M Bank, 125 Ga. App. 123, 186 S.E.2d 592 (1971); Atlas Supply Co. v. United States Fid. & Guar. Co., 126 Ga. App. 483, 191 S.E.2d 103 (1972); Liberty Nat'l Bank & Trust Co. v. Interstate Motel Developers, Inc., 346 F. Supp. 888 (S.D. Ga. 1972); Stewart v. Gainesville Glass Co., 131 Ga. App. 747, 206 S.E.2d 857 (1974); Cleveland Lumber Co. v. Proctor & Schwartz, Inc., 397 F. Supp. 1088 (N.D. Ga. 1975); DeKalb County Bank v. Haldi, 146 Ga. App. 257, 246 S.E.2d 116 (1978); Westwood Place, Ltd. v. Green, 153 Ga. App. 595, 266 S.E.2d 242 (1980).
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Commercial Code, §§ 10, 43.
U.L.A.- Uniform Commercial Code (U.L.A.) § 10-103.
ALR.
- Forfeiture by innocent vendor of article sold conditionally and used by vendee in violation of law, 2 A.L.R. 1596.
Taking note for price as waiver of reservation of title under conditional sale, 13 A.L.R. 1044; 55 A.L.R. 1160.
What amounts to a conditional sale, 17 A.L.R. 1421; 43 A.L.R. 1247; 92 A.L.R. 304; 175 A.L.R. 1366.
Rights and duties of parties to conditional sales contract as to resale of repossessed property, 49 A.L.R.2d 15.