Legal Opinion

Anthony v. Cody

Supreme Court of Georgia

Decided November 16, 1910PublishedCited by 7 opinions

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

  1. Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910

3Cited by7 opinions

  1. Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916
  2. Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
  3. S. & S. Builders, Inc. v. Equitable Investment Corp.Supreme Court of Georgia · 1964
  4. Toller v. HewittCourt of Appeals of Georgia · 1913
  5. Hawkins v. HaynesCourt of Appeals of Georgia · 1929

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