Watson v. Smith
Court of Appeals of Georgia
Complaint; from city court of Dublin—Judge Hicks. May 12, 1914. At the trial the defendant “offered to testify as follows: ‘At the time I purchased the horse for which the plaintiff has sued me, I informed Mr. Smith, the plaintiff, that I wanted the horse for the purpose of driving to a buggy and hauling a wagon, and Mr. Smith told me at the time he sold me the horse, the purchase-money of which is now being sued for, that the horse would pull the buggy and' work to the…
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Complaint; from city court of Dublin—Judge Hicks. May 12, 1914. At the trial the defendant “offered to testify as follows: ‘At the time I purchased the horse for which the plaintiff has sued me, I informed Mr. Smith, the plaintiff, that I wanted the horse for the purpose of driving to a buggy and hauling a wagon, and Mr. Smith told me at the time he sold me the horse, the purchase-money of which is now being sued for, that the horse would pull the buggy and' work to the wagon, and that if he did not I could return the horse and that he would let me have another horse or give me back my note.…
1Opinion of the CourtWade, J.
1. Since “an express warranty excludes an implied warranty on the same or a closely related subject, but not an implied warranty on an entirely different subject,” a stipulation, in a contract for the sale of live stock, that the vendor “does not warrant the health, life, and soundness of said stock, but only the title thereto,” excludes any warranty as to the “health, life, and soundness” of the stock and all related subjects, but does not exclude the implied warranty fixed by law that the article or thing sold is merchantable and reasonably suited to the use'intended (Civil Code, § 4135).…
2Cases cited3 opinions
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Barber & Sons v. SingletaryCourt of Appeals of Georgia · 1913
- Bateman v. WarfieldCourt of Appeals of Georgia · 1913
3Cited by4 opinions
- Daniel v. BursonCourt of Appeals of Georgia · 1915
- Mock v. KempCourt of Appeals of Georgia · 1916
- Brooks v. JenkinsCourt of Appeals of Georgia · 1914
- Battle Bros. v. SherlockCourt of Appeals of Georgia · 1916