Effect of Seller's Tender; Delivery on Condition

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. Performance
  6. Effect of Seller's Tender; Delivery on Condition

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  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.

(Code 1933, § 109A-2 - 507, enacted by Ga. L. 1962, p. 156, § 1.)

RESEARCH REFERENCES

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:434.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-507.

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.


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