Hawley Down Draft Furnace Co. v. Van Winkle Gin & Machine Works
Court of Appeals of Georgia
Complaint, from city court of Atlanta — Judge Reid. September 21, 1907. The plaintiff sued for the price of two Hawle.y Down Draft furnaces which" it had contracted to install and did install at the defendant’s oil mill in Gulfport, Miss. The agreement was silent as to warranties, except so far as the specific designation of the particular make, size, style, etc., is to be regarded as a warranty.
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Complaint, from city court of Atlanta — Judge Reid. September 21, 1907. The plaintiff sued for the price of two Hawle.y Down Draft furnaces which" it had contracted to install and did install at the defendant’s oil mill in Gulfport, Miss. The agreement was silent as to warranties, except so far as the specific designation of the particular make, size, style, etc., is to be regarded as a warranty. The defendant admitted contracting for the furnaces and that they were installed, and pleaded a failure of consideration, for that the furnaces were wholly worthless and did not accomplish the…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
An express warranty in the sale of goods excludes all implied warranties on the same subject. Johnson v. Latimer, 71 Ga. 470. The rule is sometimes stated in language broad enough to convey the idea that if there is an express warranty as to any feature of the sale, all implied warranties are to be excluded; but we do not think there has ever been any deliberate intention to extend the rule this far; because unless the express and the implied warranties relate to the same thing, there is no reason in law or in logic why one should exclude the other. For…
2Cases cited11 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Fay & Eagan Co. v. Dudley & SonsSupreme Court of Georgia · 1907
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3Cited by24 opinions
- City of Moultrie v. Schofield's Sons Co.Court of Appeals of Georgia · 1909
- Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
- Wood v. Hub Motor CompanyCourt of Appeals of Georgia · 1964
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Colt Co. v. BridgesSupreme Court of Georgia · 1926
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