Legal Opinion
Fender v. Colonial Stores, Inc.
Court of Appeals of Georgia
Decided February 18, 1976No. 51836PublishedCited by 46 opinions
1Opinion of the Court
Deen, Presiding Judge.
1. The plaintiff urges several theories of recovery against the appellee-retailer in whose store the explosion occurred: Breach of warranty; violation of shopkeeper’s duty to customers under Code § 105-401; and, res ipsa loquitur. It is contended that the evidence adduced at trial supported her right to recover under any or all of these theories such that the direction of a verdict in favor of the retailer was error.
A. Warranty. An action based on breach of warranty necessitates a showing of the existence of the warranty, the fact that the warranty was broken and that…
2Cases cited22 opinions
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Nichols v. NoldSupreme Court of Kansas · 1953
- McCrory Stores Corporation v. AhernCourt of Appeals of Georgia · 1941
- Coffer v. BradshawCourt of Appeals of Georgia · 1932
- Loch v. ConfairSupreme Court of Pennsylvania · 1953
17 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Housing Authority of Atlanta v. FambleCourt of Appeals of Georgia · 1984
- Pierce v. Liberty Furniture Co.Court of Appeals of Georgia · 1977
- Jones v. Cranman's Sporting GoodsCourt of Appeals of Georgia · 1977
- Harper v. SamplesCourt of Appeals of Georgia · 1982
- Cotton States Mutual Insurance v. Nunnally Lumber Co.Court of Appeals of Georgia · 1985
41 more not listed; retrieve them via the Exa API.