John A. Roebling's Sons Co. v. Southern Power Co.

I am unable to concur in the ruling made in the third part of the opinion of the court. When the same case was formerly before this court on exceptions to the ruling upon a demurrer, it was held that “The action as brought was not duplicitous, but was one based upon a breach of an implied warranty.” 142 Ga. 464 (4). That ruling is the settled law of this case. If, then, the suit is based upon an implied warranty of quality, what is the statute of limitations applicable to it? Is it the statute barring in four years, as on an implied contract, or in six years, as on a written contract? By the…