Finance Co. of the South v. Jones

1. Partial payment of the purchase price of goods with knowledge of defects therein will not estop the buyer from pleading partial failure of consideration. Civil Code (1910), § 4137; Atkins v. Cobb, 56 Ga. 86 (6). While it has been held that this section of the code is applicable only in cases of express warranty, such was the warranty relied on by the defendant in the present action. See Mansor v. Zemurray, 22 Ga. App. 441 (1), 444 (96 S. E. 233). It is especially applicable where, as in this case, there was evidence to show, in accordance with the plea, that all payments which the…