Bowen v. Fuller & Son

“Where, in an instrument in the form of a note and mortgage for the purchase-price of a mule, it is stated that the purchaser agrees to pay for the mule if it should die, and that he assumes this risk in consideration of the credit extended, and purchases on his own judgment, he is not, upon the death of the mule, entitled to prove an express *395warranty of soundness, and defeat the purehase-priee on account of a breach of such warranty.” Cochran v. Jones, 11 Ga. App. 302 (75 S. E. 143). The decision in the case just cited controls this case. The note in this case, as in that case, contained the…