Quitman Furniture & Hardware Co. v. Rountree
Court of Appeals of Georgia
Complaint; from city court of Quitman — Judge Long. August 12, 1913.. Rountree brought suit against the Quitman Furniture and Hardware Company for $266.66, alleging a breach of warranty in a deed made by the defendant to one Monroe, under whom Rountree claimed to hold title to an undivided third interest in a certain lot of land in Quitman, Georgia.
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Complaint; from city court of Quitman — Judge Long. August 12, 1913.. Rountree brought suit against the Quitman Furniture and Hardware Company for $266.66, alleging a breach of warranty in a deed made by the defendant to one Monroe, under whom Rountree claimed to hold title to an undivided third interest in a certain lot of land in Quitman, Georgia. From the allegations of the petition it appears, that in December, 1910, Stanley S. Bennett, F. L. Gibson, and W. H. Long, who were owners of the land in question, as tenants in common, each owning an undivided third interest, conveyed the land to…
1Opinion of the CourtRussell, C. J.
(After stating the foregoing facts.) Two controlling questions which arise in this case are: (1) whether Rountree could purchase at his own sale under the power of attorney contained in the security deed, and (2) whether he can maintain an action for breach of warranty, there being no covenant of warranty in the paper just referred to. As we have already held in Pressley v. McLanahan, ante, 366 (80 S. E. 902), there was *385nothing to prevent Eountree from purchasing at his own sale. The sale might be voidable at the instance of the debtor, if, within a reasonable time, he tendered the amount of…
2Cases cited1 opinion
- Pressley v. McLanahan Bros.Court of Appeals of Georgia · 1914
3Cited by2 opinions
- McEntyre v. MerrittCourt of Appeals of Georgia · 1934
- Reese v. MangetCourt of Appeals of Georgia · 1936