Dublin Hame Works v. Ross-Mehan Foundry Co.
Supreme Court of Georgia
Certiorari. Before Judge Lewis. Laurens superior court. FebTuary 1, 1906. The Ross-Mehan Foundry Company sued the Dublin Hame Works on account, for the purchase-price of certain hame hooks, rings, loops, staples, etc., alleged to have been sold and delivered by plaintiff to defendant, and of the aggregate value, at the-prices named, of $533.45. Defendant filed several pleas, among them being the breach of an implied warranty, in that the articles sold were not merchantable…
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Certiorari. Before Judge Lewis. Laurens superior court. FebTuary 1, 1906. The Ross-Mehan Foundry Company sued the Dublin Hame Works on account, for the purchase-price of certain hame hooks, rings, loops, staples, etc., alleged to have been sold and delivered by plaintiff to defendant, and of the aggregate value, at the-prices named, of $533.45. Defendant filed several pleas, among them being the breach of an implied warranty, in that the articles sold were not merchantable and reasonably suited to the use intended, because they were not made of sound, malleable iron, but were brittie and…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. The judge’s order dismissing the motion for a new trial recites that the movant had failed to make out and tender a brief of evidence for approval by the court within the time prescribed by *401a previous order. This being true, of course the motion was properly dismissed..
2. The court did not err in striking, on demurrer, paragraphs 6 and 7 of the answer. If the defendant was damaged’ because it manufactured, at an expense of five hundred dollars, a large part of the articles purchased from-the plaintiff into hames, and lost the cost of manufacturing many of these…
2Cited by4 opinions
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- Spooner v. SpoonerSupreme Court of Georgia · 1933
- Reserve Life Insurance Co. v. GayCourt of Appeals of Georgia · 1959
- Peagler v. DavisSupreme Court of Georgia · 1916