Turner Bros. v. Clarke
Supreme Court of Georgia
Action for breach of contract. Before Judge Ellis. Eulton superior court. January 7, 1914.
1Opinion of the CourtEvans, P. J.
The defendants were horse dealers, and through their salesman sold the plaintiff two horses. It was alleged that the horses died, within a week of the purchase, from a malady with which they were afflicted, and which was not apparent to the plaintiff. The plaintiff further alleged that the salesman warranted the horses to be sound and ready for work; and the suit was for the breach of this warranty.
1. The plaintiff was allowed to testify that he told the salesman that he was about to harvest his crop, and did not wish to buy the horses unless they were well broken and ready for work, and that…
2Cases cited3 opinions
- Snowden v. Waterman & Co.Supreme Court of Georgia · 1897
- Terhune v. DeverSupreme Court of Georgia · 1867
- Huguley v. Morris & TumlinSupreme Court of Georgia · 1880
3Cited by11 opinions
- Ford Motor Co. v. AbercrombieSupreme Court of Georgia · 1950
- Fireman's Fund Insurance v. DavisCourt of Appeals of Georgia · 1930
- L. B. Gilmore v. Royal Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1957
- Massell v. Fourth National BankCourt of Appeals of Georgia · 1928
- Postell v. Boykin Tool & Supply Co.Court of Appeals of Georgia · 1952
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