Larey v. Taliaferro
Supreme Court of Georgia
Sales. Warranty. Deceit. Notice. New trial. Before Judge Underwood. Floyd Superior Court. January Term, 1876. Taliaferro brought complaint against Larey, alleging, in brief, as follows: On February 1st, 1871, the plaintiff exchanged with defendant a horse for a mule. The horse was worth $125 00. The defendant, knowing the mule to be uusound, falsely and fraudulently stated to the contrary. This statement was made for the purpose of inducing the plaintiff to make the trade.
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Sales. Warranty. Deceit. Notice. New trial. Before Judge Underwood. Floyd Superior Court. January Term, 1876. Taliaferro brought complaint against Larey, alleging, in brief, as follows: On February 1st, 1871, the plaintiff exchanged with defendant a horse for a mule. The horse was worth $125 00. The defendant, knowing the mule to be uusound, falsely and fraudulently stated to the contrary. This statement was made for the purpose of inducing the plaintiff to make the trade. The defendant knew, at the time, that the mule had the glanders, an incurable and contagious disease, of which he…
1Opinion of the Court
Bleckley, Judge.
1. While we do not agree with the circuit judge in the view he took of the case, we-do not feel constrained to order *446a new trial. There is positive evidence that the defendant below said, at the time of the swap, that he would warrant the mule to be sound in every respect. That declaration was, doubtless, intended as a representation, and was understood to be such by the other party. That it amounted to a warranty, would not strip it of its character as a representation.
2. An express warranty may be waived as a contract, and an action maintained upon the same general…
2Cited by5 opinions
- Brooke v. ColeSupreme Court of Georgia · 1899
- Friedman v. GoodmanSupreme Court of Georgia · 1966
- Snellgrove v. DingelhoefCourt of Appeals of Georgia · 1920
- Peel v. BrysonSupreme Court of Georgia · 1884
- Willingham v. Morris Plan BankCourt of Appeals of Georgia · 1940