Farmer v. Lee & Smith Mule Co.

1. A provision in a contract for the sale of mules that the seller “does not guarantee the health, soundness, working qualities, recovery from shipping, cold, nor against impotency of” the mules sold and described in the contract, does not relieve the seller of any obligation under an express warranty in the contract as to the age of the mules. Morton v. Tharpe, 41 Ga. App. 788 (3) (154 S. E. 716).

2. A provision in a contract for the sale of mules by which they are described as “about 8 years old” is an express warranty as to the age of the mules. McDew v. Hollingsworth, 19 Ga. App. 166 (3)…