Walker & Rogers v. Malsby Co.
Supreme Court of Georgia
Complaint. Before Judge Gilbert. Marion superior court. Walker & Eogers entered into a written contract with Malsby Company for tlie purchase of an engine and shingle-mill and certain other machinery for the sum of $1,578. They paid one hundred dollars cash, and gave their four notes, due in three, six, nine, and twelve months for the balance.
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Complaint. Before Judge Gilbert. Marion superior court. Walker & Eogers entered into a written contract with Malsby Company for tlie purchase of an engine and shingle-mill and certain other machinery for the sum of $1,578. They paid one hundred dollars cash, and gave their four notes, due in three, six, nine, and twelve months for the balance. In the written contract of sale the seller warranted that the engine was manufactured of good material and good workmanship, and that by proper management it would perform well; and if the engine did not perform well because of general structural…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The defendants, in their plea of failure of consideration of the engine, recognized their waiver of any other warranty except that limited in the contract. Their plea was, that there had been a breach of this limited warranty, which was to the effect that the engine was manufactured of good material and good workmanship, and that by proper management it would perform well; and, after complaints, if the sellers were not able to make it work well, *402and the fault was in the engine, it was to be taken back. Their complaint is, that the engine was of faulty…
2Cases cited4 opinions
- Fay & Eagan Co. v. Dudley & SonsSupreme Court of Georgia · 1907
- Tift v. Wight & Weslosky Co.Supreme Court of Georgia · 1901
- Daniel v. HannahSupreme Court of Georgia · 1898
- Mayes v. McCormick Harvesting Machine Co.Supreme Court of Georgia · 1900
3Cited by20 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Neely v. SheppardSupreme Court of Georgia · 1938
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Ducros v. Peoples Drug StoreCourt of Appeals of Georgia · 1918
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