Alpine Safe & Lock Co. v. Parsons & Brother

1. In case of an express 'warranty that the property sold is of a particular kind and quality, the purchaser has the right to rely on the warranty, and may plead total or partial failure of consideration on account of defects discovered after acceptance, even though they would have been discovered by an examination before delivery. Cook v. Finch, 117 Ga. 541 (44 S. E. 95).

2. The giving of a note for the purchase-price will not estop the buyer from pleading failure of consideration, although the note was given after the discovery of the defects, where the seller promised to-repair the defects…