Lowery v. Rowland Co.
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
1. '“Where property is bought under the implied warranty that it is reasonably suited to the uses intended, an aeeeptanee by the purchaser of the property waives all defects which might have been discovered by the exercise of ordinary care and prudence before delivery. In ease of an express warranty that the property sold will be of a particular kind and quality, the purchaser has a right to rely on the warranty, and may plead partial failure of consideration growing out of defects discovered after acceptance, even though they would have become apparent upon an examination before delivery.”…
2Cases cited8 opinions
- Tuttle v. StovallSupreme Court of Georgia · 1910
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Springer v. Indianapolis Brewing Co.Supreme Court of Georgia · 1906
- Snellgrove v. DingelhoefCourt of Appeals of Georgia · 1920
- North Georgia Milling Co. v. Henderson Elevator Co.Supreme Court of Georgia · 1908
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3Cited by4 opinions
- Alpharetta Feed & Poultry Co. v. CockeCourt of Appeals of Georgia · 1950
- Otwell Motor Company v. HillCourt of Appeals of Georgia · 1949
- Dillon v. Continental Trust Co.Court of Appeals of Georgia · 1934
- Metal Forms Corp. v. ClemansOhio Court of Appeals · 1931