Beasley, Hallett & Co. v. Huyett & Smith Mfg. Co.
Supreme Court of Georgia
Complaint on promissory note. Before Judge Janes. Polk superior court. August term, 1892. The note sued on was given in part payment for a dry kiln sold by the payee to the makers. At the trial plaintiff' introduced a written order or contract signed by both parties. On motion the court struck defendants’ pleas save that of the general issue, on the ground that they were insufficient in law. Defendants then offered another plea, which also was stricken on the same ground.
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Complaint on promissory note. Before Judge Janes. Polk superior court. August term, 1892. The note sued on was given in part payment for a dry kiln sold by the payee to the makers. At the trial plaintiff' introduced a written order or contract signed by both parties. On motion the court struck defendants’ pleas save that of the general issue, on the ground that they were insufficient in law. Defendants then offered another plea, which also was stricken on the same ground. The court then directed a verdict for plaintiff'. Defendants excepted. The contract in evidence directs to be shipped to…
1Opinion of the Court
Bleckley, Chief Justice.
1. What was the warranty? It was, that the dry kiln was of good material, well made, and with proper management capable of doing as good work as similar articles of any other manufacturer in the United States. What was the consequence stipulated for between the *278parties, of a failure of this warranty? It was, that written notice should be given to the warrantors, stating wherein the kiln failed, and time, opportunity and friendly assistance were to be given to reach the kiln and remedy the defects. This notice was to be given and the defects were to be remedied if the…
2Cited by25 opinions
- Brown v. Ragsdale Motor Co.Court of Appeals of Georgia · 1941
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Barfield v. FarkasCourt of Appeals of Georgia · 1929
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
- Kansas City Wholesale Grocery Co. v. Weber Packing Corp.Utah Supreme Court · 1937
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