Sutton v. Coleman
Court of Appeals of Georgia
Action for ’damages; from city court of Swainsboro— Judge Kirkland. March 3, 1921. The petition as amended alleges: that the plaintiff, in April, 1918, at night and at his home, bought from defendant a new automobile; that “ the trade between plaintiff and defendant was fully executed at the time the trade was made;” that “ (3) defendant, after making said sale, told your petitioner that he would deliver the car on the following morning, as he would have to use same to…
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Action for ’damages; from city court of Swainsboro— Judge Kirkland. March 3, 1921. The petition as amended alleges: that the plaintiff, in April, 1918, at night and at his home, bought from defendant a new automobile; that “ the trade between plaintiff and defendant was fully executed at the time the trade was made;” that “ (3) defendant, after making said sale, told your petitioner that he would deliver the car on the following morning, as he would have to use same to return home that night. (4) On the following morning defendant delivered to your petitioner a car of the same make and size,…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
This is not a suit for damages because of the breach of an implied warranty, but is one brought to recover the entire purchase-money paid for the automobile, and is based upon the alleged fraudulent substitution of the car which was “ an old car polished over ” and which " had been much used and was badly worn and almost useless to the plaintiff, for the car which he *408purchased and which was “ new and in good condition.” In such a case as this, before the petition would authorize a recovery, it should show that a valid tender of. the article received by the…
2Cases cited2 opinions
- Gray v. AngierSupreme Court of Georgia · 1879
- Fortson v. StricklandCourt of Appeals of Georgia · 1919
3Cited by7 opinions
- Gem City Motors, Inc. v. MintonCourt of Appeals of Georgia · 1964
- Carson v. BlairCourt of Appeals of Georgia · 1923
- WARREN COMPANY v. StarlingCourt of Appeals of Georgia · 1958
- Neely v. Oliver Farm Equipment Sales Co.Court of Appeals of Georgia · 1935
- Swint v. AdamsCourt of Appeals of Georgia · 1931
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