Anthony v. Cody
Supreme Court of Georgia
Complaint. Before Judge Gilbert. Marion superior court. November 15, 1909.
1Opinion of the CourtEvans, P. J.
The maker of a promissory note, which recites that its consideration is the purchase-price of described personal property, but docs not purport to integrate the sale contract, may, in defense to a suit on the note by the seller, plead as failure of consideration a breach of a contemporaneous oral warranty. Pryor v. Ludden & Bates Southern Music House, 134 Ga. 288 (67 S. E. 654).(cr) It was error to strike the plea on general demurrer.
Judgment reversed.
All the Justices concur..
2Cases cited1 opinion
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
3Cited by7 opinions
- Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916
- Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
- S. & S. Builders, Inc. v. Equitable Investment Corp.Supreme Court of Georgia · 1964
- Toller v. HewittCourt of Appeals of Georgia · 1913
- Hawkins v. HaynesCourt of Appeals of Georgia · 1929
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