Bentley v. Johnson
Supreme Court of Georgia
Contracts. Charge of Coart. Before Judge Lawson. Wilkinson Superior Court. April Term, 1879. Johnson brought complaint against Bentley and wife on a note dated February 13, 1875, due November 1st after •date, for $150.00, for “ a black horse mule.” In the note were these words: “We agree that Thomas Johnson holds the right and title to said mule until paid for.”
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Contracts. Charge of Coart. Before Judge Lawson. Wilkinson Superior Court. April Term, 1879. Johnson brought complaint against Bentley and wife on a note dated February 13, 1875, due November 1st after •date, for $150.00, for “ a black horse mule.” In the note were these words: “We agree that Thomas Johnson holds the right and title to said mule until paid for.” Defendants pleaded the general issue and also failure of consideration as follows: That at the time they bought the mule plaintiff’s agent, who negotiated the trade, warranted him to be sound, and agreed that if he was unsound and…
1Opinion of the Court
Jackson, Justice.
Johnson sued the defendants on a promissory note for a mule, due in the fall of the year. They put in a special defense to the effect that though the soundness of the mule was not warranted, strictly speaking, yet the consideration had wholly failed in that plaintiff agreed to substitute another mule worth the agreed price of this one, if this did not live to make the crop of the year — that this did not so live, but died in a short time of a disease he had when bought, and was utterly worthless.
• Whereupon the court in its charge ignored this defense, but ruled, and so said…
2Cited by1 opinion
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