McDaniel v. Mallary Bros. Machinery Co.
Court of Appeals of Georgia
Complaint, from city court of Bainbridge — Judge Harrell. March 17, 1909.
1Opinion of the CourtPowell, J.
The suit was upon a series of promissory notes. The defendants pleaded that the notes were given for the purchase-price of certain machinery which was warranted to be of good ■material, in good condition, and capable of doing as good work as any machinery of similar size and style; and set up both total and partial failure of consideration. It appears, from the testimony, that the machinery was bought under written contract. The warranty clause therein, which is controlling upon the rights of the parties in the present case, is in the following language: “Warranty as to title, make, capacity…
2Cases cited10 opinions
- International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
- Fay & Eagan Co. v. Dudley & SonsSupreme Court of Georgia · 1907
- Hill v. Western Union Telegraph Co.Supreme Court of Georgia · 1890
- Atlanta Consolidated Bottling Co. v. Hutchinson & SonsSupreme Court of Georgia · 1900
- Edison General Electric Co. v. BlountSupreme Court of Georgia · 1895
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3Cited by48 opinions
- Pearson v. GeorgeSupreme Court of Georgia · 1953
- State Highway Department v. Wright Contracting Co.Court of Appeals of Georgia · 1963
- Brooks v. HicksSupreme Court of Georgia · 1973
- State Highway Department v. Hall Paving Co.Court of Appeals of Georgia · 1972
- Biltmore Construction Co. v. Tri-State Electrical Contractors, Inc.Court of Appeals of Georgia · 1976
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