Jackson v. Langston & Crane
Supreme Court of Georgia
Sales. ’Warranty. Fertilizer. Evidence. Before Judge Rice. Jackson Superior Court. February Term, 1878. Langston & Crane brought suit in the justice court of the 243d district G. M., against Jackson, on a note for $53.00, given for commercial manure, known as Bradley’s Palmetto Acid.
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Sales. ’Warranty. Fertilizer. Evidence. Before Judge Rice. Jackson Superior Court. February Term, 1878. Langston & Crane brought suit in the justice court of the 243d district G. M., against Jackson, on a note for $53.00, given for commercial manure, known as Bradley’s Palmetto Acid. The note contained this stipulation : “ It is expressly agreed and understood that I buy said commercial manure for my own use, to be used on lands cultivated by or for me, and it is guaranteed to me as to its effect on crojis only as to the analysis of the state inspector, as evidenced by his brand on each and…
1Opinion of the Court
Bleckley, Justice.
The implied warranty of the Code (section 2651) does not operate where the parties, by their contract, have ext pressly agreed upon a different warranty, whether it be more limited or more extensive. Here the parties shaped for themselves the warranty which suited their wishes. What can be more express than this language: “It is guaranteed to me as to its effect on crops only as to the analysis of the *394state inspector, as evidenced by his brand on each and every package; and I hereby accept the said analysis as indicated by said brand as a correct estimate of the commercial…
2Cases cited1 opinion
- Austin & Ellis v. CoxSupreme Court of Georgia · 1878
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- Wilcox, Gibbs & Co. v. OwensSupreme Court of Georgia · 1880
- Jones v. Knightstown Body Co.Court of Appeals of Georgia · 1936
- McNeel v. SmithSupreme Court of Georgia · 1898
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