John Deere Co. v. Lindsey Land Clearing Co.

Quillian, Judge.(a) In the arguments before this court both sides relied upon the case of Taylor v. Wilson, 109 Ga. App. 658 (137 SE2d 353), which sets out in detail damages which may be recovered for breach of warranty. The plaintiff contends that the defendant failed to establish any of its defenses in that there was no showing that consideration totally failed or in what amount it partially failed.

During the trial, the defendant introduced evidence that from the time of its purchase the tractor/scraper in question failed to operate properly. In this connection several witnesses testified…