"Where, under the terms of a contract, goods are to be shipped periodically in instalments to the purchaser until notice by the purchaser to discontinue further shipments, add where periodic shipments have been made by the seller under the terms of the contract, and the goods so shipped have been delivered to the business address of the purchaser . . . in periodic instalments . . ." the purchaser is liable to the seller for payment for such goods until such date as he discontinues the purchase by giving notice to the seller. Lawyers Cooperative Publishing Co. v. Middlebrooks, 40 Ga. App. 356 (149 S. E. 716). See Electric Ry. Co. of Savannah v. Tennessee Coal &c. Ry. Co., 98 Ga. 189 (26 S. E. 741). Consequently, in this case the trial court erred in not granting the W. F. Prior Company, Inc.'s motion for a judgment notwithstanding the verdict. On April 10, 1952, Dr. George S. Pilcher, plaintiff in error, purchased by a written order certain books from W. F. Prior Company, Inc., and in said order, subscribed until discontinued by him for new pages to be issued periodically to keep the purchased volumes up-to-date. He paid cash for the volumes purchased and agreed to pay $20 annually for the pages to be supplied to keep the volumes up-to-date. It appears, without dispute that the W. F. Prior Company, Inc., sent to Dr. Pilcher the supplemental pages; that Dr. Pilcher paid $40, covering two years of the service contracted for, but did not pay for the remaining publications which were sent to him and which he accepted, and for which suit was brought against him in the City Court of Louisville. The uncontradicted evidence as shown by the record in this case discloses that Dr. Pilcher never gave any notice to the W. F. Prior Company, Inc., to discontinue sending the publications to him under the terms of the contract. |