Bray v. Southern Iron & Equipment Co.

Jenkins, P. J;

1. (a) “In a contract for the sale of goods, words descriptive of the subject-matter of sale . . are ordinarily to be regarded as a warranty.” Henderson Elevator Co. v. North Ga. Milling Co., 126 Ga. 279 (55 S. E. 50).(b) Where goods are sold under an express warranty, and the contract does not expressly provide for inspection prior to acceptance, there is no duty resting upon the purchaser to exercise ordinary care by inspecting the goods tendered, in order to ascertain whether or not they come up to the representations, since he is entitled to rely upon the warranty embraced…