Legal Opinion
Burr v. Atlanta Paper Co.
Court of Appeals of Georgia
Decided May 24, 1907No. 222PublishedCited by 7 opinions
Complaint, from city court of Atlanta — Judge Beid. January 28, 1907.
1Opinion of the CourtRussell, J.
1. In case 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 such defects would have become apparent upon an examination before delivery. Cook v. Finch, 117 Ga. 541, 44 S. E. 95. And partial payments, with knowledge of the defective condition, will not estop the-buyer from pleading partial failure of consideration. Moultrie Repair Co. v. Hill, 120 Ga. 731, 48 S. E. 143.
2. The defendant having…
2Cases cited2 opinions
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Cook & Co. v. FinchSupreme Court of Georgia · 1903
3Cited by7 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Jones v. Knightstown Body Co.Court of Appeals of Georgia · 1936
- Lokey v. MalcomCourt of Appeals of Georgia · 1936
- Aldridge v. WhaleySupreme Court of Georgia · 1963
- Alpine Safe & Lock Co. v. Parsons & BrotherCourt of Appeals of Georgia · 1913
2 more not listed; retrieve them via the Exa API.