Evans & Tate v. Premier Refining Co.

(After stating the foregoing facts.) The defendants, having pleaded a written contract which amounted to an express warranty, could not rely upon an implied warranty, and they could not show that the lubricant was worthless unless they also showed that they had complied with the conditions named in *305the contract (International Harvester Co. v. Dillon, 126 Ga. 672, 55 S. E. 1034), and the undisputed evidence showed that the defendants had not complied with the express stipulation in the contract that no claim for replacing broken gears could be allowed them unless their account with the…