Standard Paint & Lead Works v. Powell
Court of Appeals of Georgia
Complaint; from city court of Nashville — Judge Henson presiding. March 28, 1921. The evidence admitted over objection, referred to in the decision, is as follows: J. W. E. Powell: “ I had reasons to believe that my lot of paint was just like those that were not at all satisfactory. I have not heard of but one lot that was used that was satisfactory; the men that put the paint on the hotel told me that it was no account.
Read the full summary
Complaint; from city court of Nashville — Judge Henson presiding. March 28, 1921. The evidence admitted over objection, referred to in the decision, is as follows: J. W. E. Powell: “ I had reasons to believe that my lot of paint was just like those that were not at all satisfactory. I have not heard of but one lot that was used that was satisfactory; the men that put the paint on the hotel told me that it was no account. It seems from the court calender that there was a good many people that thought that it was no good. All I know about the paint put on my house is what my little boy said. ”…
1Opinion of the CourtJenkins, P. J.
1. The defendant’s plea does not set up an express warranty governing the quality of the goods purchased, hut relies merely upon a breach of the warranty implied by law, and alleges that the goods were totally worthless. Neither does the testimony relative to the terms and conditions of the trade disclose any express agreement such as would exclude the warranty implied by law. Elgin Jewelry Co. v. Estes, 122 Ga. 807, 810 (50 S. E. 939); Lovvorn v. Eldorado Jewelry Co., 1 Ga. App. 349 (57 S. E. 926); White v. Mercantile Jewelry Co., 6 Ga. App. 860 (65 S. E. 1075). The court, therefore, did not…
2Cases cited14 opinions
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Askew v. AmosSupreme Court of Georgia · 1918
- Western & Atlantic Railroad v. BrownSupreme Court of Georgia · 1897
- Dunn v. BeckSupreme Court of Georgia · 1915
- Elgin Jewelry Co. v. Estes & DozierSupreme Court of Georgia · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- CARLTON COMPANY v. PossCourt of Appeals of Georgia · 1971
- Greene v. Piedmont Janitorial Services, Inc.Court of Appeals of Georgia · 1996
- Hogg v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1925
- Tidwell Co. v. Robley Hats, Inc.Court of Appeals of Georgia · 1971
3 more not listed; retrieve them via the Exa API.