McNeel v. Smith
Supreme Court of Georgia
Complaint on notes. Before Judge Smith. Telfair superior court. April 20, 1898. In each of the notes it was stated that it was given for a mule, that the seller did not warrant the health, life, and soundness of the mule, but only the title thereto, and that in case of death the maker of the note should sustain the loss. It was also stipulated in the notes that the maker should pay “ all counsel fees and other expenses that may be incurred in the collection of this claim.”
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Complaint on notes. Before Judge Smith. Telfair superior court. April 20, 1898. In each of the notes it was stated that it was given for a mule, that the seller did not warrant the health, life, and soundness of the mule, but only the title thereto, and that in case of death the maker of the note should sustain the loss. It was also stipulated in the notes that the maker should pay “ all counsel fees and other expenses that may be incurred in the collection of this claim.” The defendant pleaded failure of consideration, and averred: Plaintiff contracted and guaranteed to deliver the mules to…
1Opinion of the CourtLewis, J.
We do not think there was any ambiguity whatever as to the meaning of the contract sued on in this case. The notes, by stipulating that the seller did not warrant the health, life, and soundness of the mules, expressly excepted such warranty from the contract, and the parties manifestly intended that the vendor should be relieved from any implied warranty which the law might otherwise have imposed upon him on account of any defects growing out of unsoundness of the mules at the time of the sale. To have allowed, therefore, a defense based upon a verbal agreement between the parties to the…
2Cases cited3 opinions
- Goodman v. FlemingSupreme Court of Georgia · 1876
- Jackson v. Langston & CraneSupreme Court of Georgia · 1878
- Martin v. MooreSupreme Court of Georgia · 1879
3Cited by10 opinions
- Crankshaw v. Schweizer Manufacturing Co.Court of Appeals of Georgia · 1907
- Purser v. Rountree & McAfeeSupreme Court of Georgia · 1914
- Jones v. George S. Riley Jr. Co.Court of Appeals of Georgia · 1913
- Branch v. James & PeddyCourt of Appeals of Georgia · 1908
- Daniel v. BursonCourt of Appeals of Georgia · 1915
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