Legal Opinion

Borders v. Chapman

Court of Appeals of Georgia

Decided October 16, 1918No. 9860PublishedCited by 2 opinions

Complaint; from Warren superior court—Judge Walker. May 30, 1918.

1Opinion of the CourtWade, C. J.

Where a purchase-money note for a mule is unambiguous and unconditional, and contains no warranty of the soundness of the mule, and recites that it has lost one eye, no express warranty can be added by parol; and a plea which set up an express warranty, alleged to have been made by parol contemporaneously with the execution of such a note, that “the other eye of said mule was absolutely sound and all right,” and that the mule soon thereafter became totally blind, was properly stricken on 'demurrer. Fleming v. Satterfield, 4 Ga. App. 351 (61 S. E. 518). The agreement between the parties being…

2Cases cited1 opinion

  1. Fleming v. SatterfieldCourt of Appeals of Georgia · 1908

3Cited by2 opinions

  1. Widincamp v. PattersonCourt of Appeals of Georgia · 1925
  2. Collins v. ABEL HOLDING COMPANYCourt of Appeals of Georgia · 1953

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