Empire State Jewelry Co. v. Grant Jewelry Co.
Court of Appeals of Georgia
Complaint—appeal; from Baldwin superior court—Judge Park. April 14, 1916. Suit was brought in a justice’s court on a promissory note of the defendant to the plaintiff for $50 principal and for interest and attorney’s fees; and by appeal the case was taken to the superior court, where the trial resulted in a verdict for the defendant. The bill of exceptions complains of the overruling of a demurrer to the defendant’s plea, and of the refusal to grant a new trial.
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Complaint—appeal; from Baldwin superior court—Judge Park. April 14, 1916. Suit was brought in a justice’s court on a promissory note of the defendant to the plaintiff for $50 principal and for interest and attorney’s fees; and by appeal the case was taken to the superior court, where the trial resulted in a verdict for the defendant. The bill of exceptions complains of the overruling of a demurrer to the defendant’s plea, and of the refusal to grant a new trial. In the plea it was averred, that the note sued on was given, with other notes of the defendant, in payment of the purchase-price of…
1Opinion of the CourtWade, C. J.
1. The plea sufficiently indicated that the guaranty as to the weights of the diamonds sold to the defendant was made before the purchase and not thereafter, and that the alleged false representations as to the weights induced the purchase; and the court did not err in overruling the demurrer thereto upon that and other grounds.
2. The fact that the purchaser afterwards gave notes for the remainder of the purchase-price then unpaid would not prevent the purchaser from setting up, by way of recoupment, a claim for damages based on an alleged deficiency in the weights of the diamonds purchased,…
2Cases cited1 opinion
- Dooley v. GormanSupreme Court of Georgia · 1898
3Cited by2 opinions
- Krys v. HendersonCourt of Appeals of Georgia · 1952
- Multivision Northwest, Inc. v. Jerrold Electronics Corp.District Court, N.D. Georgia · 1972