Lockett v. Rawlins
Court of Appeals of Georgia
Trover; from city court of Albany — Judge Jones. March ¶, 1913. This was an action of trover for an automobile sold by the plaintiff to the defendant under a contract which reserved title in the plaintiff until payment of the purchase-money' in full. The defendant pleaded failure of consideration and damages by reason of defects in the automobile. The trial judge directed a verdict for the plaintiff, and the defendant excepted.
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Trover; from city court of Albany — Judge Jones. March ¶, 1913. This was an action of trover for an automobile sold by the plaintiff to the defendant under a contract which reserved title in the plaintiff until payment of the purchase-money' in full. The defendant pleaded failure of consideration and damages by reason of defects in the automobile. The trial judge directed a verdict for the plaintiff, and the defendant excepted. The. defendant testified that the automobile appeared to be in good condition when purchased, and that afterwards it “ran along all right for about 250 or 300 miles,…
1Opinion of the CourtHill, C. J.
(After stating the facts.) We think the direction of a verdict for the plaintiff under this testimony was unauthorized. The case should have been submitted to the jury. The general rule is that the giving or renewal of a note, with knowledge of defects, constitutes a waiver of such defects or of any breach' of warranty arising therefrom; but the facts in proof here make an exception to this general rule. It is true, according to the evidence, that the defects existed when the renewal note was given by the defendant, and he had knowledge of these defects, but the plaintiff promised, as a…
2Cases cited2 opinions
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- Atlanta City Street Railway Co. v. American Car Co.Supreme Court of Georgia · 1898
3Cited by1 opinion
- Anderson v. International Harvester Co.Court of Appeals of Georgia · 1921