Ray v. Burbank & Jones
Supreme Court of Georgia
Torts. Druggist. New Trial. Before Judge Underwood. Polk Superior Court. February Term, 1878. Burbank & Jones, druggists, compounded for Eay a prescription for the “ scratches,” with which his horse was affected. They stated to him that it was a prescription prepared by one Mann, which he had used with success, and they recommended it to him.
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Torts. Druggist. New Trial. Before Judge Underwood. Polk Superior Court. February Term, 1878. Burbank & Jones, druggists, compounded for Eay a prescription for the “ scratches,” with which his horse was affected. They stated to him that it was a prescription prepared by one Mann, which he had used with success, and they recommended it to him. These assertions as- to its preparation by Mann and use by him were true., Pie paid them thirty-five cents for it, applied it to his horse, the horse was damaged, he consequently lost valuable time, etc., wherefore he brought suit for $500.00 damages.…
1Opinion of the Court
Bleckley, Justice.
The following evidence, as abstracted for this court by the plaintiff in error, was introduced on the trial below :
L. G. Ray, the plaintiff, stated that his horse had the scratches in September, 1875, and that he went to the defendants’ drug-store in Cedartown, Ga., and called for some white lead and oil, and was told by Mr. Burbank, one of the defendants, that he did not have it. Witness turned and started out of the store; when he reached the door, Burbank called witness back, and said: “I have a prescription which is a sure cure for the scratches, furnished me by Joe…
2Cited by4 opinions
- Bel v. AdlerCourt of Appeals of Georgia · 1940
- Howard v. Jacobs' Pharmacy Co.Court of Appeals of Georgia · 1937
- Welch Veterinary Supply Company v. MartinCourt of Appeals of Texas · 1958
- Brock v. SimpsonCourt of Appeals of Georgia · 1961