Brooks v. Matthews
Supreme Court of Georgia
Fraud. Warranty. Contracts. Pleadings. Before Judge Boynton. Pike Superior Court. October Term, 1886. Reported in the decision.
1Opinion of the Court
Blandford, Justice.
Matthews brought his action against R. M. and J. W. Brooks upon two promissory notes, aggregating $165.00. These notes contained a mortgage on a certain mule, in which it was stated that the notes were given for the purchase price of the mule; it also contained a waiver of homestead, and this stipulation: “ The mule being bought by me as a weak-eyed mule and not warranted in any particular whatever.”
To these notes the defendant pleaded total failure of consideration; furthermore, that he had tendered the mule back to the plaintiff, who had refused to take him; he also…
2Cited by19 opinions
- Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Augusta Southern Railroad v. Smith & Kilby Co.Supreme Court of Georgia · 1899
- Gossett & Sons v. WilderCourt of Appeals of Georgia · 1933
- B. E. Robuck, Inc. v. WalkerSupreme Court of Georgia · 1956
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