Wilcox, Gibbs & Co. v. Howard
Supreme Court of Georgia
Sales. Warranty. Charge of Court. New trial. Before .Judge Hill. Houston Superior Court. May Term, 1873. This case was tried before Judge Cole at the December adjourned term, 1872, of Houston superior court. The motion for a new trial was heard before Judge Hill, the successor of Judge Cole, at the May term, 1873. For the facts of this case, see the decision.
1Opinion of the Court
Warner, Chief Justice.
This was an action brought by the-plaintiffs against the defendants on two promissory notes. The defendants pleaded that the notes were given to the plaintiffs for guano which was worthless and not reasonably suited to the use intended. On the trial there was conflicting evidence as to the qualities of the guano as a fertilizer, and also evidence as to the unfavorable season for the use of fertilizers that year, and as to the bad cultivation of defendants’ crop. The jury, under the charge of the court, found a verdict for the defendants. A motion was made for a new…
2Cited by1 opinion
- De Loach v. Hardee's Son & Co.Supreme Court of Georgia · 1879