Trailmobile Division of Pullman, Inc. v. Jones

Pannell, Judge,

concurring specially. I concur in the judgment of affirmance, but do not think it necessary that the question upon which the majority based the affirmance be decided; this for the reason that a preliminary question will also dispose of the case. The evidence was sufficient to authorize a finding that the defendant appellee returned the truck to the appellant for the purpose of having the same repaired, or if the appellant was unable to repair it the appellant could keep it in payment of the debt. The evidence was further sufficient to authorize a finding that a reasonable notification of the time and place of sale, as required by Par. 3 of Sec. 109A-9 — 504 of the Ga. U. C. C., was not given, which would preclude a recovery of a deficiency judgment. As to the accord and satisfaction, see Gibson *476v. Filter Queen Co., 109 Ga. App. 650 (136 SE2d 922); Moody v. Nides Finance Co., 115 Ga. App. 859 (156 SE2d 310); also Hargett v. Muscogee Bank, 32 Ga. App. 701 (124 SE 541); Blevins Aircraft Corp. v. Gardner, 66 Ga. App. 843 (19 SE2d 350); Southern Auto Finance Co. v. Chambers, 65 Ga. App. 259 (15 SE2d 903). As to the Ga. U. C. C., see Moody v. Nides Finance Co., 115 Ga. App. 859 (5), supra, and Braswell v. American Nat. Bank, 117 Ga. App. 699 (161 SE2d 420).