Miller & Co. v. Moore, Sims & Co.
Supreme Court of Georgia
Sales. Description. Warranty. Vendor and purchaser. Custom. Contracts. Evidence. Principal and agent. Before Judge Roney. Richmond superior court.
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Sales. Description. Warranty. Vendor and purchaser. Custom. Contracts. Evidence. Principal and agent. Before Judge Roney. Richmond superior court. April term, 1889. Mooi’e, Sims & Co. sued Miller & Co., alleging as follows : About June 10, 1884, plaintiffs, through their broker, Kent Bisell, sold to defendants 30 cars of “No. 2 white mixed corn bulk” at 66 cents per bushel, to be delivered in Augusta and to be paid for on arrival there after opportunity afforded buyers to inspect the same. Invoices and drafts were sent with and for each car; and within one or two days after the arrival of the…
1Opinion of the Court
BOOKLET, Chief Justice.
1. The descriptive words by which the sale was made wére, “No. 2 white mixed corn, bulk.” These words comprehend quality as well as variety, and import a warranty on the part of the seller as to both. Corbin’s note 24 to 2 Benj. Sales, 844; Gould v. Stein (Mass.), 22 N. E. Rep. 47; Whitaker v. McCormick, 6 Mo. App. 114; Wolcott v. Mount, 86 N. J. L. 268, s. c. 38 N. J. L. 496; Bridge v. Wayne, 1 Starkie N. P. 504. Nor will inspection by the buyer before acceptance deprive him of the protection of the-warranty as to latent defects. Miller on Cond. Sales, 87, 94; Biddle…
2Cases cited12 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Barnard v. KelloggSupreme Court of the United States · 1871
- Jones v. GeorgeTexas Supreme Court · 1884
- Cahen v. . PlattNew York Court of Appeals · 1877
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
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3Cited by34 opinions
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- Cook & Co. v. FinchSupreme Court of Georgia · 1903
- Americus Grocery Co. v. Brackett & Co.Supreme Court of Georgia · 1904
- Carolina Portland Cement Co. v. Columbia Improvement Co.Court of Appeals of Georgia · 1908
- Snowden v. Waterman & Co.Supreme Court of Georgia · 1898
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