Griswold v. Scott
Supreme Court of Georgia
Statutory action, in Bibb Superior Court. Tried before Judge Powers, at November Term, 1852. The action was founded on the original of this paper, viz: $80.00. Ceinton, Ga.
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Statutory action, in Bibb Superior Court. Tried before Judge Powers, at November Term, 1852. The action was founded on the original of this paper, viz: $80.00. Ceinton, Ga. January, 1849. Received of Samuel Griswold, one forty saw gin, with Reed’s Patent Boxes, and if on trial, it performs well, I promise to pay said Griswold, or bearer, eighty dollars, for value received, by the 25th day of December, 1850. JOHN SCOTT, [l. s.] Defendant pleaded the general issue, and special plea that “the gin was warranted to gin 1000 lbs. gin cotton per day, or two bags of 450 to 500 lbs. and if it did not…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
*213[1.] The Court below erred in not striking out so much of the defendant’s plea as alleged, '“that the plaintiff warranted the' machine to gin one thousand pounds of cotton per day, or at least two bales per day, weighing from 450 to 500 lbs; and that if it did not come up to the warranty, that defendant might return it, or deliver it at defendant’s farm, to plaintiff’s agent.
The allegations in the plea added to and enlarged the contract made by the parties, as shewn by the instrument sued on, which is the best evidence udiat the contract was, and…
2Cited by22 opinions
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- Baker v. TillmanSupreme Court of Georgia · 1890
- Loewenherz v. WeilCourt of Appeals of Georgia · 1925
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