Hadden v. Williams

The plea is insufficient in law and should have been stricken on the oral-motion of the plaintiff. The note sued upon specifically stated that the only warranty given by the seller of the mules was as to their title. This excluded every other express warranty, and the plea set up express warranties only. Purser v. Rountree, 142 Ga. 836 (83 S. E. 958); Hoffman v. Franklin Motor Co., 32 Ga. App. 229 (3, 4) (122 S. E. 896). The defense set up in the plea as to fraud on the part of the plaintiff in inducing the defendant to sign the note was insufficient to excuse him, although he could neither…