Harder v. Carter
Supreme Court of Georgia
Complaint on account. Before Judge Butt. Talbot superior court. September term, 1894. Suit was brought against Mrs. Carter for $147 as the • price of a “two-horse power with two belt-wheels, one the regular 42 inch wheel, and the other 24x6, for cotton-gin use.”
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Complaint on account. Before Judge Butt. Talbot superior court. September term, 1894. Suit was brought against Mrs. Carter for $147 as the • price of a “two-horse power with two belt-wheels, one the regular 42 inch wheel, and the other 24x6, for cotton-gin use.” She pleaded, that the power was sold to her as first class, perfect and complete, whereas it was worthless; and that it was sold to her for running a gin, plaintiff represent- • ing that it was suitable for that purpose, but, though used as directed by plaintiff, it was not so suitable and could not be used for running the gin. ■ The…
1Opinion of the CourtLumpkin, J.
Even if the machinery for the agreed price of which the action was brought was in fact defective or worthless, yet as the defendant, after the most complete and ample opportunities for trying and testing it, and,with full knowledge of its character and of all its alleged defects, deliberately promised in writing to pay for it, she could not thereafter set up in resistance to such action the defense of failure of consideration predicated upon alleged defectiveness or worthlessness of the machinery. Judgment reversed.
J. M. Mathews and J. II. Martin, for plaintiff. Henry Persons & Son and J. L.…
2Cited by17 opinions
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- Pearson v. BrownSupreme Court of Georgia · 1898
- Adkins v. AdkinsSupreme Court of Virginia · 1915
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