Pyle v. Booz

This case is the sequel to that of Booz v. Neal, 6 Ga. App. 279 (61 S. E. 1104). After the affirmance of the judgment in that case, as a result of which Booz was compelled to pay off the fi. fa., he sued Pyle, the seller, for breach of warranty, and the trial judge directed a verdict in the plaintiff’s favor.* Pyle’s defense was that he sold Booz the cotton as agent for one Payne, who was present at the sale, and that Booz knew the cotton was Payne’s, and therefore took the chances, so far as he (Pyle) was concerned, of a failure of Payne’s title. The evidence showed that in 1906 Payne was a…