Faircloth v. DeLeon & Brother
Supreme Court of Georgia
Fertilizers. Contracts.' Waiver. Estoppel. Before Judge Atkinson. Appling county. At Chambers, August 81, 1887. DeLeon & Brother sued W. C. Fail’doth in a justice’s court on a promissory note, which contained, among other stipulations, the following: “The consideration o£ this note is commercial manure sold me by said Albert DeLeon & Brother, or their agent.
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Fertilizers. Contracts.' Waiver. Estoppel. Before Judge Atkinson. Appling county. At Chambers, August 81, 1887. DeLeon & Brother sued W. C. Fail’doth in a justice’s court on a promissory note, which contained, among other stipulations, the following: “The consideration o£ this note is commercial manure sold me by said Albert DeLeon & Brother, or their agent. They expressly refuse to make any warranty of the same, or any representation as to its quality or value, leaving me to rely upon the fact only that the same has been inspected under the laws of the State, as evidenced by the brand or tag…
1Opinion of the Court
Bleckley, Chief Justice.
The second plea, to-wit, “that the note was obtained by fraud, because the guano never was inspected and analyzed as required by law,” was good in substance. The fraud imputed was not upon the purchaser but upon the law, and thus construed the real import of the plea is that the sale was illegal for the reasons alleged. The code, in sections 1576(b), (d), makes it unlawful to sell or even offer for sale, without previous inspection and', analysis, and prescribes a penalty for so doing. There' can bo no bar or estoppel, by waiver, covenant or otherwise, against pleading…
2Cited by6 opinions
- American National Bank of San Francisco v. A. G. Sommerville, Inc.California Supreme Court · 1923
- City National Bank v. DeBaumSupreme Court of Arkansas · 1924
- Atlantic Phosphate Co. v. ElySupreme Court of Georgia · 1889
- International Agricultural Corp. v. SpencerCourt of Appeals of Georgia · 1916
- Roberts v. ArnallCourt of Appeals of Georgia · 1911
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