Aultman & Co. v. Mason
Supreme Court of Georgia
Verdict. New trial. Evidence. Pleadings. Warranty. Consideration. Contracts. Damages. Before Edward Hunter, Esq., judge pro hac vice. Johnson superior court. September term, 1888. The following statement is supplemental to the report contained in the decision: The special plea of defendant was, in brief, this: The engine and boiler, for which the notes were given, were not what they were represented by plaintiffs to be.
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Verdict. New trial. Evidence. Pleadings. Warranty. Consideration. Contracts. Damages. Before Edward Hunter, Esq., judge pro hac vice. Johnson superior court. September term, 1888. The following statement is supplemental to the report contained in the decision: The special plea of defendant was, in brief, this: The engine and boiler, for which the notes were given, were not what they were represented by plaintiffs to be. The flues of the boiler were loose; the steam would escape so that it could not be kept up sufficiently to keep the engine running. It was represented to be a first class…
1Opinion of the Court
Simmons, Justice.'
This was an action to recover a balance due on certain promissory notes given for the purchase price of an engine and saw-mill. The defendant filed two pleas to the action : (1) the plea of the general issue ; and (2) the plea of breach of warranty and failure of consideration. On the trial of the case, the jury returned a verdict for the defendant. The plaintiffs moved for a new trial, which motion was overruled by the court, and they excepted.
The grounds of the motion for a new trial are as follows : (1-2) that the verdict is contrary to law and the evidence; (3) that the…
2Cases cited3 opinions
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- A. E. Speer Incorporated v. McCorveyCourt of Appeals of Georgia · 1948
- Hancock v. HancockSupreme Court of Georgia · 1949
- Anderson v. FosterSupreme Court of Georgia · 1899
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