Legal Opinion · Dissent

Servais v. Philbrick

Court of Appeals of Georgia

Decided March 10, 1989No. 77374Published

1DissentBanke, Presiding Judge

This case is controlled neither by Taratus v. Smith, 245 Ga. 107 (263 SE2d 145) (1980),'nor by McAllister v. Razook, 180 Ga. App. 585 (1) (349 SE2d 810) (1986).

In Taratus, a dentist was sued for breach of an express oral warranty to correct or “cure” a patient’s “dental condition.” The Supreme Court upheld a directed verdict for the dentist on that claim, as follows: “Plaintiff’s proof is that the defendant expressly promised to correct his daughter’s dental condition and that at the time the defendant discharged his daughter as a patient the defendant represented he had fully corrected the…

2Cases cited3 opinions

  1. Spikes v. HeathCourt of Appeals of Georgia · 1985
  2. Taratus v. SmithSupreme Court of Georgia · 1980
  3. McAllister v. RazookCourt of Appeals of Georgia · 1986

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