Byrd v. Campbell Printing Press & Manufacturing Co.
Supreme Court of Georgia
Contract of sale. "Warranty. Amendment. Evidence. Before Judge Yan Epps. City court of Atlanta. The following statement, prepared by Justice Lump-kin, contains all the' facts necessary to an understanding of the rulings made in this case : ' On June 12th, 1889, Chas.
Read the full summary
Contract of sale. "Warranty. Amendment. Evidence. Before Judge Yan Epps. City court of Atlanta. The following statement, prepared by Justice Lump-kin, contains all the' facts necessary to an understanding of the rulings made in this case : ' On June 12th, 1889, Chas. P. Byrd entered into a written contract with the Campbell Printing Press & Manufacturing Company, touching the purchase of a printing press, at the price of two thousand dollars, payable in certain monthly installments, with interest on deferred payments, the contract stipulating that the press was “to be put in on three months…
1Opinion of the Court
Lumpkin, Justice.
The writer has prepared and handed to the reporter a statement of the facts of this case.
1. It is perfectly clear from the evidence that Byrd distinctly declined to purchase the press upon the terms originally offered him in writing by the company, and there is no evidence to show that he purchased it under any express warranty at all. ' On the contrary, his own letter containing a proposition to purchase stipulated for no warranty of any kind. It is true he sought, by amendments, to set up that this letter, by reason of a mutual mistake of himself and the company’s agent,…
2Cases cited1 opinion
- Cochran v. JonesSupreme Court of Georgia · 1890
3Cited by5 opinions
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Shores-Mueller Co. v. BellCourt of Appeals of Georgia · 1917
- Sizemore v. WoolardCourt of Appeals of Georgia · 1907
- Byrd v. Campbell Printing-Press & Manufacturing Co.Supreme Court of Georgia · 1894
- Puffer Manufacturing Co. v. RyckeleyCourt of Appeals of Georgia · 1921