Daniel v. Burson
Court of Appeals of Georgia
Corfiplaint; from city court of Jefferson — Judge Johns. March 11, 1914.
1Opinion of the CourtRussell, C. J.
Burson sued Daniel on a note for the purchase-price of a sorrel mare. The note contains the following clause: “Said property is sold without any warranty, express or implied.” The defendant filed a plea denying any indebtedness on the note, and alleged both a failure of consideration and a mutual rescission of the contract sued on. The court, upon oral motion of counsel for the plaintiff, struck the plea and directed a verdict for the plaintiff. To this the defendant excepts.
1. We are of the opinion that the court erred in striking the plea and in directing the verdict for the plaintiff.…
2Cases cited6 opinions
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Steen & Marshall v. HarrisSupreme Court of Georgia · 1888
- Jones v. George S. Riley Jr. Co.Court of Appeals of Georgia · 1913
- McNeel v. SmithSupreme Court of Georgia · 1898
- Branch v. James & PeddyCourt of Appeals of Georgia · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
- Mock v. KempCourt of Appeals of Georgia · 1916
- Daniel v. BursonCourt of Appeals of Georgia · 1916
- Lester v. Bank of AdrianCourt of Appeals of Georgia · 1920
3 more not listed; retrieve them via the Exa API.