Legal Opinion

Harrell v. Holman

Court of Appeals of Georgia

Decided November 1, 1917No. 8451PublishedCited by 15 opinions

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

  1. Toller v. HewittCourt of Appeals of Georgia · 1913
  2. Branch v. James & PeddyCourt of Appeals of Georgia · 1908
  3. Mock v. KempCourt of Appeals of Georgia · 1916
  4. Denson v. Battle Bros.Court of Appeals of Georgia · 1916

3Cited by15 opinions

  1. Barfield v. FarkasCourt of Appeals of Georgia · 1929
  2. Hardy v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1928
  3. McPeak v. BokerSupreme Court of Minnesota · 1952
  4. Payne v. Chal-Max Motor Co.Court of Appeals of Georgia · 1920
  5. Butts v. GrooverCourt of Appeals of Georgia · 1941

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API