Johnson v. Harley
Supreme Court of Georgia
Trover. Before Judge Hammond. Richmond superior court. June 30, 1904. Harley brought an action of trover against Johnson, for a horse which he had traded to the defendant in exchange for a mule, alleging that the defendant had obtained possession of the horse by falsely and fraudulently representing that the mule was safe for family driving.
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Trover. Before Judge Hammond. Richmond superior court. June 30, 1904. Harley brought an action of trover against Johnson, for a horse which he had traded to the defendant in exchange for a mule, alleging that the defendant had obtained possession of the horse by falsely and fraudulently representing that the mule was safe for family driving. At the trial the plaintiff testified that Johnson proposed the exchange and made the representation alleged,' and that after the exchange had been made he (the plaintiff) found that the mule was subject to fits and was too dangerous to be driven; that…
1Opinion of the CourtLamar, J.
Whether the plaintiff’s remedy was in trover, or for breach of the warranty, depended on the question as to whether there had been any fraud by the defendant. If there was a mere warranty, title passed. A breach did not void the sale. If there was a fraudulent representation which induced the plaintiff to act to his injury, no title passed, and he could sue in trover. The evidence was conflicting, hut that for the plaintiff was suffi-. cient to sustain the -verdict, either under Dawson v. Pennaman, 65 Ga. 698, Barnett v. Spier, 93 Ga. 762, or Newman v. Claflin, 107 Ga. 89. Judgment affirmed.
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2Cases cited3 opinions
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Dawson v. PennamanSupreme Court of Georgia · 1880
3Cited by8 opinions
- Barfield v. FarkasCourt of Appeals of Georgia · 1929
- Snellgrove v. DingelhoefCourt of Appeals of Georgia · 1920
- Battle v. LivingstonCourt of Appeals of Georgia · 1918
- Yeomans v. JonesCourt of Appeals of Georgia · 1936
- Dove v. Roberts & Co.Court of Appeals of Georgia · 1935
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