Legal Opinion
Cook v. Pollard
Court of Appeals of Georgia
Decided February 2, 1935No. 24151PublishedCited by 5 opinions
1Opinion of the CourtJenkins, P. J.
Under the Civil Code (1910), § 4135, unless the contract of sale provides otherwise, “the vendor of personal property is presumed to impliedly warrant the title thereto.” Barrett v. Miller, 36 Ga. App. 48 (2) (135 S. E. 111).
The rules as to the rights, procedure, and legal consequences of vouching into court a person who is not a party to the case are not limited to the provision in the Civil Code, § 5821, that, “where *754a defendant may have a remedy over against another, and vouches him into court by giving notice of the pendency of the suit, the judgment rendered therein will be conclusive…
2Cases cited32 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Smith v. WilliamsSupreme Court of Georgia · 1903
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
- International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
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3Cited by5 opinions
- Hitchcock v. TollisonCourt of Appeals of Georgia · 1994
- Felton v. SmithCourt of Appeals of Georgia · 1936
- Myers v. FunderburkCourt of Appeals of Georgia · 2002
- D'ENGLERE v. Lander Motors, Inc.Court of Appeals of Georgia · 1954
- Hitchcock v. TollisonCourt of Appeals of Georgia · 1994