Legal Opinion
Brooks v. Jenkins
Court of Appeals of Georgia
Decided August 22, 1914No. 5677PublishedCited by 3 opinions
Complaint; from city court of Sandersville—Judge Jordan. March 23, 1914.
1Opinion of the CourtRussell, C. J.
As the purchase-money note sued on purported to contain the terms of the sale, and contained an express waiver of “all warranty” as to the mules for which the note was given, “except as to the title,” parol evidence as to breach of warranties implied by law, as well as of a breach of parol warranties contemporaneous with the execution of the written contract, should have been excluded. The court did not err in refusing a new trial. Branan v. Warfield, 3 Ga. App. 586 (60 S. E. 325); Branch v. James, 4 Ga. App. 90 (60 S. E. 1027) ; Boswell v. Johnson, 5 Ga. App. 251 (62 S. E. 1003) ; Watson v.…
2Cases cited7 opinions
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Bullard v. BrewerSupreme Court of Georgia · 1903
- Branan v. LeeCourt of Appeals of Georgia · 1908
- McNeel v. SmithSupreme Court of Georgia · 1898
- Branch v. James & PeddyCourt of Appeals of Georgia · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
- Brooks v. Williams Manufacturing Co.Court of Appeals of Georgia · 1922
- Gary v. ParkerCourt of Appeals of Georgia · 1916