C. v. Hill Company Inc. v. Weinberg

The petition alleges the execution of the contract, recites the express provision of it on which the plaintiff alleges he is suing, and says that this express written provision of the contract has been violated, and that he seeks a recovery for such violation. The provision of the contract is denominated an “ express warranty.” In Commercial Credit Co. v. Lewis, 59 Ga. App. 144 (2) (200 S. E. 566), this court approved the following: “The warranty whether express or implied, necessarily enters into the' consideration of the article sold. A plea of breach of warranty is the substantial…