Elgin Jewelry Co. v. Estes & Dozier
Supreme Court of Georgia
Complaint. Before Judge Holden. Lincoln superior court. October term, 1904. The Elgin Jewelry Company sued Estes & Dorier on a written contract for the purchase of certain jewelry, the price of which aggregated $197.60. The only clauses in the contract which need be set out are the following: “Warranty. — Any jewelry in this assortment failing to wear satisfactorily will be replaced by new articles free of charge, if returned to us within five years.
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Complaint. Before Judge Holden. Lincoln superior court. October term, 1904. The Elgin Jewelry Company sued Estes & Dorier on a written contract for the purchase of certain jewelry, the price of which aggregated $197.60. The only clauses in the contract which need be set out are the following: “Warranty. — Any jewelry in this assortment failing to wear satisfactorily will be replaced by new articles free of charge, if returned to us within five years. Exchange privilege: Any article not selling readily can be exchanged for different styles or patterns in this assortment any time within one…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) It is provided in the Civil Code, § 3555, that “If there is no express covenant of warranty, the purchaser must exercise caution in detecting defects; the seller, however, in all cases (unless expressly or from the ■ nature of the transaction excepted) warrants — 1. That he has a valid title and right to sell. - 2. That the article is merchantable, and reasonably suited to the use intended. 3. That he knows of no latent defects undisclosed.” If the property is sold under a contract of express warranty, the terms of which explicitly define the warranty actually made,…
2Cases cited5 opinions
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Holcomb v. Cable Co.Supreme Court of Georgia · 1904
- Equitable Manufacturing Co. v. BiggersSupreme Court of Georgia · 1904
- National Computing Scale Co. v. EavesSupreme Court of Georgia · 1902
3Cited by25 opinions
- Stewart v. Gainesville Glass Co.Court of Appeals of Georgia · 1974
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
- Crankshaw v. Schweizer Manufacturing Co.Court of Appeals of Georgia · 1907
- Colt Co. v. BridgesSupreme Court of Georgia · 1926
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