Harrell v. Holman
Court of Appeals of Georgia
Complaint; from Decatur superior court — Judge Spooner presiding. January 22, 1917.-
1Opinion of the CourtJenkins, J.
1. Where, in a promissory note given for the purchase-price of a mule, the description of the mule was followed by the words, “Above property not being guaranteed,” the word “guaranteed” must be taken as synonymous with “warranted;” and this provision not being limited, and being an express refusal to warrant, to the exclusion of .the implied-warranty, no defect in the mule for which the note was given could be pleaded by way of defense. Branch v. James, 4 Ga. App. 90 (60 S. E. 1027); Mock v. Kemp, 17 Ga. App. 448 (87 S. E. 608); Denson v. Battle, 17 Ga. App. 575 (87 S. E, 842); Toller v.…
2Cases cited4 opinions
- Toller v. HewittCourt of Appeals of Georgia · 1913
- Branch v. James & PeddyCourt of Appeals of Georgia · 1908
- Mock v. KempCourt of Appeals of Georgia · 1916
- Denson v. Battle Bros.Court of Appeals of Georgia · 1916
3Cited by15 opinions
- Barfield v. FarkasCourt of Appeals of Georgia · 1929
- Hardy v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1928
- McPeak v. BokerSupreme Court of Minnesota · 1952
- Payne v. Chal-Max Motor Co.Court of Appeals of Georgia · 1920
- Butts v. GrooverCourt of Appeals of Georgia · 1941
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