Legal Opinion
United Motor Atlanta Co. v. Paxson Bros.
Court of Appeals of Georgia
Decided January 20, 1914No. 5215PublishedCited by 3 opinions
Affidavit of illegality; from city court of Abbeville — Judge Nicholson. August 15, 1913.
1Opinion of the CourtPottle, J.
1. The evidence did not demand a finding in favor of the plaintiff for the full amount sued for, and the discretion of the trial judge in granting a first new trial will not be disturbed.
2. On another trial, if it appears that the automobile, for the purchase-price of which suit was brought, was sold to the defendants under a contract containing a limited warranty, they can not insist upon ariy warranty other than that embraced in the contract. Cochran v. Jones, 11 Ga. App. 302 (75 S. E. 143). Moreover, if the defendants rely upon an express warr&.,ty, they can not defend upon proof of an…
2Cases cited3 opinions
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
- Cochran v. Jones & OglesbyCourt of Appeals of Georgia · 1912
3Cited by3 opinions
- Collins v. ABEL HOLDING COMPANYCourt of Appeals of Georgia · 1953
- Murrow v. WaldenCourt of Appeals of Georgia · 1923
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1916