Stimpson Specialty Co. v. Parker
Court of Appeals of Georgia
Complaint; from city court of Tifton — Judge E. Eve. The Stimpson Specialty Company sued Parker on a promissory note given by him for the purchase-price of a manhine described in the contract of purchase embodied in the note as a “sausage mill, ^ 40 coffee mill.”
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Complaint; from city court of Tifton — Judge E. Eve. The Stimpson Specialty Company sued Parker on a promissory note given by him for the purchase-price of a manhine described in the contract of purchase embodied in the note as a “sausage mill, ^ 40 coffee mill.” The defendant filed a plea of total failure of consideration, in which he set up that the mill was bought as a sausage mill, and not as a coffee mill, and that it was worthless for the .purpose for which it was bought. The contract does not disclose whether the mill was to be used exclusively as a sausage mill or as a coffee mill, or…
1Opinion of the CourtHill, C. J.
1. “Where machinery is bought for a certain purpose) and after its reception it proves, upon trial, not to be adapted to the purpose, but the purchaser nevertheless retains it, an action for the price can not be defeated upon a plea of total failure of consideration, unless the evidence shows that ■ the machinery was wholly valueless for any purpose.” Harder v. Carter, 94 Ga. 482 (19 S. E. 715).
2. A plea of total failure of consideration, to an action upon a promissory note given for the purchase-price of a “sausage mill, No. 40 coffee mill,” is not supported, unless the evidence shows that…
2Cases cited2 opinions
- Clegg-Ray Co v. Indiana Scale & Truck Co.Supreme Court of Georgia · 1906
- Hardee v. CarterSupreme Court of Georgia · 1894
3Cited by14 opinions
- Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
- Consolidated Phosphate Co. v. Sturtevant Co.Court of Appeals of Georgia · 1917
- Hall v. SOUTHERN SALES COMPANYCourt of Appeals of Georgia · 1950
- Brown Shoe Co. v. CrosbyCourt of Appeals of Georgia · 1923
- Myers v. Philip Carey Co.Court of Appeals of Georgia · 1916
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