Mock v. Kemp
Court of Appeals of Georgia
Complaint; from city court of Sylvania — Judge Evans. April 14, 1915. The action was on a promissory note which recited that its consideration was a horse sold to the maker by the payees. The note contained the following provisions: “All risks of death or destruction of the property . . shall be upon the undersigned, who binds himself to pay the same in any and all events. I hereby waive all failure of consideration, the said [payees] making no guarantee.”
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Complaint; from city court of Sylvania — Judge Evans. April 14, 1915. The action was on a promissory note which recited that its consideration was a horse sold to the maker by the payees. The note contained the following provisions: “All risks of death or destruction of the property . . shall be upon the undersigned, who binds himself to pay the same in any and all events. I hereby waive all failure of consideration, the said [payees] making no guarantee.” The defendant pleaded as follows: “Defendant says that he was induced to sign said note by a misrepresentation of a material fact by…
1Opinion of the CourtWade, J.
1. In the written contract of sale, embraced in the note sued on, there was an express agreement by the purchaser to “waive all failure of consideration; ” and hence no defects in the horse for which the note was given could be pleaded by way of defense.
2. While fraud voids all contracts, a plea setting up an undisclosed latent defect in a horse would not show such legal fraud as could properly be pleaded against a written contract covering its sale, by which in, effect the vendor declines to warrant the soundness of the animal soldv No confidential relation between the parties is alleged,…
2Cases cited16 opinions
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
- Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
- Beasley, Hallett & Co. v. Huyett & Smith Mfg. Co.Supreme Court of Georgia · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. Universal C. I. T. Credit Corp.Court of Appeals of Georgia · 1953
- Young v. John Deere Plow CompanyCourt of Appeals of Georgia · 1960
- Harrell v. HolmanCourt of Appeals of Georgia · 1917
- Colson & Sons v. EllisCourt of Appeals of Georgia · 1930
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
3 more not listed; retrieve them via the Exa API.