Guilford, Wood & Co. v. McKinley
Supreme Court of Georgia
Contracts. Sales. Trover. Title. Evidence. Before Judge Hillyer. Fulton Superior Court. April Term, 1878. To the report contained in the opinion it is only necessary to add the following: G., W. & Co. brought trover against McKinley for a piano. Defendant pleaded as follows: (1.) That she bought the piano, from plaintiffs, to be paid for in installments; and that she had thus paid $365.00, for which credit should be allowed.
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Contracts. Sales. Trover. Title. Evidence. Before Judge Hillyer. Fulton Superior Court. April Term, 1878. To the report contained in the opinion it is only necessary to add the following: G., W. & Co. brought trover against McKinley for a piano. Defendant pleaded as follows: (1.) That she bought the piano, from plaintiffs, to be paid for in installments; and that she had thus paid $365.00, for which credit should be allowed. (2.) Partial failure of consideration, in that the piano was not a good, merchantable article, as warranted. (3.) Infancy. The jury found for defendant. Plaintiffs moved…
1Opinion of the Court
Jackson, Justice.
This suit was brought to recover a piano to which the . plaintiffs claimed title. The jury found for the defendant; the plaintiffs moved for a new trial: it was refused, and on that refusal error is assigned.
*232There was a contract in writing between the parties, whereby the piano was leased for ten months to the defendant, on consideration of the sum of four hundred and twenty-five dollars, to be paid at certain times therein stipulated, and at the expiration of that time, and upon the payment of that money, the plaintiffs were to make a title to defendant to the piano. Various…
2Cases cited2 opinions
- Bigelow v. YoungSupreme Court of Georgia · 1860
- Russell v. KearneySupreme Court of Georgia · 1859
3Cited by12 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Harden v. LangSupreme Court of Georgia · 1900
- Smith v. Commercial Credit Co.Court of Appeals of Georgia · 1922
- James v. SmithSupreme Court of Georgia · 1879
- Mehrtens v. KnightCourt of Appeals of Georgia · 1923
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