OCILLA TRUCK & IMPLEMENT COMPANY v. Nolan

Hall, Presiding Judge.

Plaintiff in a suit on open account seeking to recover $1,678 appeals from the judgment based on a verdict for $500.

The difference in amount approximately represents the only controversial item in the account, a machine called a peanut shaker. The defendant pleaded and introduced testimony on total failure of consideration and breach of implied warranty, i.e., the machine was totally worthless for the intended purpose of shaking peanut plants since it jammed up constantly and also stripped many plants.

1. The court did not err in allowing defendant and his son to testify…