Smith v. Jeffrey Manufacturing Co.
Court of Appeals of Georgia
Complaint; from city court of Blakely — W. G. Post, Judge pro hac vice. January 16, 1922. This suit was brought by the Jeffrey Manufacturing Company against H. G. Smith and W. B. Hattaway, to recover a balance alleged to be due on the purchase-price of a certain machine sold and delivered to the defendants under a written contract.
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Complaint; from city court of Blakely — W. G. Post, Judge pro hac vice. January 16, 1922. This suit was brought by the Jeffrey Manufacturing Company against H. G. Smith and W. B. Hattaway, to recover a balance alleged to be due on the purchase-price of a certain machine sold and delivered to the defendants under a written contract. The portions of the contract which are material to a decision of the case are as follows: “ The described machine is guaranteed by the Jeffery Manufacturing Company to have a capacity of not less than six tons of pulverized limestone per hour when operated at…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts). It is clear, from a reading of the contract which is the basis of this suit, that, in order for the defendants to successfully defend on the ground of failure of consideration, or to recover damages for the alleged breach of any warranty contained in the contract, it was incumbent upon them first to return the machine to the plaintiff. It appearing from paragraphs five and six of their answer that they had not complied with the terms of the contract as to a return of the machine in case it proved unsatisfactory, the court did not err in sustaining the…
2Cases cited7 opinions
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- McCormick Harvesting Machine Co. v. AllisonSupreme Court of Georgia · 1902
- Haynes v. Plano Manufacturing Co.Court of Appeals of Texas · 1904
- Case Threshing Machine Co. v. CookCourt of Appeals of Georgia · 1910
- Wasatch Orchard Co. v. Morgan Canning Co.Utah Supreme Court · 1907
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3Cited by2 opinions
- Oliver Farm Equipment Sales Co. v. NeelyCourt of Appeals of Georgia · 1934
- Singer Co. v. Gray & SonCourt of Appeals of Georgia · 1925