Charles v. Tyler
Court of Appeals of Georgia
Action for breach of warranty; from Whitfield superior court — Judge Tarver. December 13, 1919. Statement by Jenkins, P. J. A contract for the purchase of certain machinery, dated March 19, 1918, contained an exclusive express warranty and provided in part as follows: “If upon one day’s trial with proper care the property fails to work properly, the purchaser shall immediately give written notice to the seller, stating wherein the property fails, shall allow reasonable time…
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Action for breach of warranty; from Whitfield superior court — Judge Tarver. December 13, 1919. Statement by Jenkins, P. J. A contract for the purchase of certain machinery, dated March 19, 1918, contained an exclusive express warranty and provided in part as follows: “If upon one day’s trial with proper care the property fails to work properly, the purchaser shall immediately give written notice to the seller, stating wherein the property fails, shall allow reasonable time for a competent man to be sent to put it in good order and render necessary, and friendly assistance to operate it. If…
1Opinion of the CourtJenkins, P. J.
1. Where a purchaser seeks rescission of a contract for the purchase and sale of machinery, together with a recovery of the price paid therefor, and his claim to a rescission and recovery is based upon the express terms of the sale agreement, and where the agreement provides that the purchaser’s right to rescind and recover back the purchase-money is conditioned upon his own compliance with certain obligations resting upon him, to the effect that after one day’s trial of the machinery he must immediately notify the seller in writing of any defects existing therein, and must immediately return…
2Cases cited3 opinions
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- McCormick Harvesting Machine Co. v. AllisonSupreme Court of Georgia · 1902
3Cited by3 opinions
- Grolier Society v. FreemanCourt of Appeals of Georgia · 1932
- Shanks v. CowartCourt of Appeals of Georgia · 1933
- Singer Co. v. Gray & SonCourt of Appeals of Georgia · 1925