International Harvester Co. of America v. Bowen

1. While, under the decision in McDaniel v. Mallary Machinery Co., 6 Ga. App. 848 (66 S. E. 146), the jury might have been authorized to find that the written notice of defects as required by the contract was waived, it was error for the court to charge the jury, as a matter of law, that the plaintiff, as a result of the action of its agents in regard to the transaction, had waived its right to any written notice of defects from the defendant. This was a question for the jury.

2. If notice of defects had been given as required, or if, by the acts of the parties, it had been waived, the…