Legal Opinion
Bell v. Menzies
Court of Appeals of Georgia
Decided September 25, 1964No. 40657PublishedCited by 6 opinions
1Opinion of the Court
Bell, Presiding Judge.
The single exception now extant in this appeal is whether the petition stated a cause of action for breach of warranty collateral to a contract.
Our Supreme Court has defined a warranty as “a statement or representation made by the seller of goods, contemporaneously with and as a pari of the contract of sale, though collateral to the express object of it, having reference to the character, quality or title of the goods, and by which he promises or undertakes to insure that certain facts are or shall be as he then represents them.” Elgin Jewelry Co. v. Estes & Dozier, 122…
2Cases cited8 opinions
- Elgin Jewelry Co. v. Estes & DozierSupreme Court of Georgia · 1905
- Rowland v. Gregg & SonSupreme Court of Georgia · 1905
- Farmers & Merchants Bank of Manchester v. GibsonSupreme Court of Georgia · 1955
- Terhune v. DeverSupreme Court of Georgia · 1867
- Whigham v. Hall & Co.Court of Appeals of Georgia · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schneider National, Inc. v. Holland Hitch Co.Wyoming Supreme Court · 1992
- Shepherd v. Aaron Rents, Inc.Court of Appeals of Georgia · 1993
- Martin Rispens & Son v. Hall Farms, Inc.Indiana Court of Appeals · 1992
- Tillman & Deal Farm Supply, Inc. v. DealCourt of Appeals of Georgia · 1978
- Moore v. BerryCourt of Appeals of Georgia · 1995
1 more not listed; retrieve them via the Exa API.