Trippe v. McLain
Supreme Court of Georgia
Vendor and purchaser. Before Judge Attaway. City court of Cartersville. September term, 1890. Action on notes given for an engine and fixtures; pleas of the general issue, failure of consideration, breach of warranty, and recoupment; verdict for the defendants. For the other facts here material, see the decision.
1Opinion of the Court
Bleckley, Chief Justice.
TJuder the evidence in the record, the trial of this case in the court below had an improper result. The machinery was purchased at the price of $600.00, and *537by the undisputed testimony, an expenditure of $50.00 would be sufficient to repair it and make it perform good work. It is therefore not worthless so as to entitle the purchaser to keep' it without paying for it, although in its present condition it may be inefficient, and if left in that condition always, would be worthless. Granting that there was no substantial error committed by the court in its charge to the…
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