International Harvester Co. of America v. Dillon
Supreme Court of Georgia
Appeal. Before Judge Felton. Bibb superior court. January 2, 1906. The International Harvester Company of America brought suit against Dillon, in a justice’s court, upon two promissory notes, one for $40 and the other for $45. The defendant filed a plea that the consideration of the notes was a corn binder, which was worthless,, and that the defendant was not liable on the notes, because tbe consideration had .entirely failed.
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Appeal. Before Judge Felton. Bibb superior court. January 2, 1906. The International Harvester Company of America brought suit against Dillon, in a justice’s court, upon two promissory notes, one for $40 and the other for $45. The defendant filed a plea that the consideration of the notes was a corn binder, which was worthless,, and that the defendant was not liable on the notes, because tbe consideration had .entirely failed. The justice rendered a judgment in. favor of tbe defendant. Tlie plaintiff entered an appeal to the-superior court, and the case came on for trial in that court, and a.…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. Those portions of the contract of sale of the machine in question, which are material to the present case, are as follows: “It is distinctly understood that the above-mentioned machine is purchased subject to the following warranty, and ho other, and the undersigned hereby acknowledges receipt of a copy of the same. International Harvester Co. of America warrants this machine to do good work, to be well made, of good materials, and to be durable if used with proper care. If upon one day’s trial the machine fails to work well, the purchaser shall…
2Cases cited2 opinions
- McCormick Harvesting Machine Co. v. AllisonSupreme Court of Georgia · 1902
- Holcomb v. Cable Co.Supreme Court of Georgia · 1904
3Cited by32 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- City of Moultrie v. Schofield's Sons Co.Court of Appeals of Georgia · 1909
- Fay & Eagan Co. v. Dudley & SonsSupreme Court of Georgia · 1907
- Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
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