Legal Opinion

Stewart v. Gainesville Glass Co.

Supreme Court of Georgia

Decided January 29, 1975No. 29051PublishedCited by 36 opinions

1Opinion of the Court

Undercofler, Presiding Justice.

The only issue raised in this certiorari is breach of express warranty. Under our decision in Ellis v. Rich’s, Inc., 233 Ga. 581, privity is required in actions for breach of express warranties except as provided in Code Ann. § 109A-2 — 318 and except as pointed out in the Court of Appeals opinion where the warranty clearly extends to some identifiable third person. The Court of Appeals opinion is affirmed.

Judgment affirmed.

All the Justices concur, except Jordan and Ingram, JJ., who dissent.

2Cases cited1 opinion

  1. Brown v. BrownSupreme Court of Georgia · 1975

3Cited by36 opinions

  1. Miree v. United StatesSupreme Court of Georgia · 1978
  2. Collins Co. v. Carboline Co.Illinois Supreme Court · 1988
  3. Backus v. ChilivisSupreme Court of Georgia · 1976
  4. Simpson Consulting, Inc. v. Barclays Bank PLCCourt of Appeals of Georgia · 1997
  5. Irvin v. Lowe's of Gainesville, Inc.Court of Appeals of Georgia · 1983

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