Springer v. Indianapolis Brewing Co.
Supreme Court of Georgia
Complaint. . Before Judge Willis. City court of Columbus. August 19, 1905. The plaintiff instituted a suit declaring upon an open account and exhibiting a bill of particulars.
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Complaint. . Before Judge Willis. City court of Columbus. August 19, 1905. The plaintiff instituted a suit declaring upon an open account and exhibiting a bill of particulars. The defendant by plea denied the indebtedness, for the reasons, stated; and set up a contract under which the goods were bought, claiming that the purchase was made by sample exhibited by the agent of the vendor, and therefore there was an express warranty that the quality of the goods should be equal to that of the sample; that as a matter of fact they were not, and, because of the deficiency in that respect, the goods…
1Opinion of the CourtAtkinson, J.
From the evidence in this case it appears that both buyer and seller understood that the shipment of beer, for the purchase-price of which this suit was brought, was to be of the same quality as that of the previous car-load of beer. This amounted to an express warranty of the quality, and the standard was the grade and quality of the first shipment. The relative Tights of the parties are stated in the 2d, 3d, and 4th headnotes. 'The court charged the jury on the subject of implied warranty; and in this he erred, because an express warranty excludes all idea of an implied warranty. The rules…
2Cited by15 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Colt Co. v. WheelerCourt of Appeals of Georgia · 1923
- North Georgia Milling Co. v. Henderson Elevator Co.Supreme Court of Georgia · 1908
- A. D. L. Sales Co. v. GaileyCourt of Appeals of Georgia · 1934
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