Postell v. Boykin Tool & Supply Co.

(After stating the foregoing facts.) The defendant contended that the statements used amounted to nothing more than an implied warranty. Where goods are sold in the manufacturer’s original sealed containers, and there is nothing to put the retailer on notice that they are not as represented to be, he is not liable on an implied warranty. Davis v. Williams, 58 Ga. App. 274 (198 S. E. 357). It is only in the absence of an express warranty that resort can be had to an implied warranty. Johnson v. Latimer, 71 Ga. 470; Malsby v. Young, 104 Ga. 205 (30 S. E. 854). Where the words used go no farther…