Opinion
37534.
DECIDED FEBRUARY 19, 1959.
Trover. Fulton Civil Court, Before Judge Henson. November 10, 1958.
Brackett Brackett, C. F. Brackett, Jr., for plaintiff in error.
Wotton, Long Jones, Calhoun A. Long, Durham Schane, contra.
The petition contained a sufficient description of the property allegedly converted to support an action in trover for that property; therefore, the court did not err in overruling the general demurrer based on the grounds that the petition did not contain a sufficient description of that property.
DECIDED FEBRUARY 19, 1959.
Seaboard Finance Company brought a trover action against Sterchi Brothers Stores, Inc., for "all that property described in a bill of sale to secure debt executed by Mrs. H. T. Melvin and H. T. Melvin to Seaboard Finance Company on December 31, 1957, a copy of said bill of sale to secure debt being attached hereto, marked Exhibit `A' and expressly made a part of this petition." The bill of sale to secure debt annexed to the petition transferred title to certain property for security purposes from Mr. and Mrs. Melvin to the plaintiff. The property conveyed was "certain chattels, including all household goods, now located at the address shown above, to wit: 1 chair, orange; 1 chair, black; 1 chair, rocker; 1 green sofa; 1 stove, gas; . . . etc."
The defendant demurred generally to the petition on the grounds that the petition did not contain a sufficient description of the property to support a trover action.
The court overruled the general demurrer, and the defendant excepts.
We think that the description of the property contained in the bill of sale to secure debt which was "1 chair, orange; 1 chair, black; 1 chair, rocker; 1 green sofa; 1 stove, gas; . . . etc." with the further description, "now located at the address shown above," was a sufficient description to support a trover action against the defendant. Thomas Furniture Co. v. T. C. Furniture Co., 120 Ga. 879 ( 48 S.E. 333). See also North American Loan c. Co. No. 2 v. Burel, 89 Ga. App. 654 ( 80 S.E.2d 495). The plaintiff in error admits that as between the plaintiff and the Melvins, the vendees in the bill of sale, the description would have been sufficient, but contends that the description was not good as to the defendant, a stranger to the bill of sale. With this contention we cannot agree. In the Thomas Furniture Co. case the conditional-sale contract which contained the description of the property was between Thomas Furniture Company, the seller, and W. W. Carr, the buyer. Thomas Furniture Company brought a trover action against the T. C. Furniture Company, who was not a party to the contract, relying on the description of the property as given in the contract. The relationships in the instant case are the same as were those in the Thomas Furniture Co. case and the situation presented is the same.
The petition contained a sufficient description of the property and thus stated a cause of action against the general demurrer urged; therefore, the court did not err in overruling the general demurrer.
Judgment affirmed. Quillian and Nichols, JJ., concur.