Holt & Duggan Co. v. Clary
Supreme Court of Georgia
Mortgage foreclosure. Before Judge Walker. Warren superior court. January 12, 1916.
1Opinion of the CourtBeck, J.
The defendant in this ease filed his affidavit of illegality to prevent the enforcement of the mortgage fi. fa. based upon the foreclosure of the mortgage which he had given to secure the purchase-price of the article of personal property which he had bought from the plaintiffs. In the mortgage it was stipulated that “Holt & Duggan Co. [the vendor and'mortgagee] guarantees-above property only as to title.” This stipulation in connection with the other terms of the note and mortgage constitutes a complete contract, so far as relates to the subject of warranty, and could not be varied or added…
2Cases cited3 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Armistead v. WeaverSupreme Court of Georgia · 1913
3Cited by11 opinions
- Roberts v. Investors Savings Co.Supreme Court of Georgia · 1922
- Barfield v. FarkasCourt of Appeals of Georgia · 1929
- Hardy v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1928
- Butts v. GrooverCourt of Appeals of Georgia · 1941
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
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