Moultrie Repair Co. v. Hill
Supreme Court of Georgia
Trover. Before Judge Covington. City court of Moultrie. November 18, 1903.
1Opinion of the CourtCobb, J.
1, 2. It is only in the absence of an express warranty that a resort can be had to an implied warranty. Johnson v. Latimer, 71 Ga. 471; Malsby v. Young, 104 Ga. 205 (4). In case of an express warranty that the property sold is of a particular kind and quality, the purchaser has a right to rely on the warranty, and may plead partial failure of consideration, growing out of defects discovered after acceptance; and partial payments with knowledge of the defective condition will not- estop the buyer from pleading partial failure of consideration. But where property is bought under the implied…
2Cases cited16 opinions
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- American Car Co. v. Atlanta Street Railway Co.Supreme Court of Georgia · 1897
- Cook & Co. v. FinchSupreme Court of Georgia · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Gunter v. StateSupreme Court of Georgia · 1979
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
45 more not listed; retrieve them via the Exa API.