Parrott & Brother v. Johnson
Supreme Court of Georgia
Evidence. Charge of Court. Contracts. Warranty. New trial. Before Judge IIillyer. DeKalb Superior Court. March Term, 1878. Parrott & Brother brought complaint against Johnson on a note for $195.75, dated April 4,1876, and due on or before November 1st next thereafter, given for guano sold.
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Evidence. Charge of Court. Contracts. Warranty. New trial. Before Judge IIillyer. DeKalb Superior Court. March Term, 1878. Parrott & Brother brought complaint against Johnson on a note for $195.75, dated April 4,1876, and due on or before November 1st next thereafter, given for guano sold. The defendant pleaded that he was a farmer, had purchased the guano on the express warranty of plaintiff that it was well adapted to the cultivation of cotton, and that the warranty had failed in that the article bought as aforesaid had proved valueless. The evidence was somewhat conflicting, but failed to…
1Opinion of the Court
Bleckley, Justice.
1. The tests spoken of by the chemist do not appear to have been made by himself, but by the department of agriculture. Whether he assisted in them is not stated, nor is it stated that they were conducted under his observation.
2. Both parties introduced evidence. The jury could look at the whole case, and were not bound to distinguish the effect of the plaintiffs’ evidence .separately‘considered.
3. If the defendant had collected from his tenants what he ought in equity and good conscience to refund, his promise to refund would not be without the consideration, at least, of a…
2Cited by5 opinions
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Taylor v. StateCourt of Appeals of Georgia · 1978
- Gray v. HamilSupreme Court of Georgia · 1889
- City of Atlanta v. Atlanta Title & Trust Co.Court of Appeals of Georgia · 1932
- Knox Metal Products, Inc. v. WatsonCourt of Appeals of Georgia · 1959