Dawson v. Pennaman
Supreme Court of Georgia
Fraud. Title. Warranty. Actions. Trover. Before Judge LAWSON.' Putnam County. At Chambers. January 27th, 1880. Pennaman brought trover for a mule against Dawson in a justice'court. On the trial, the evidence in his behalf was, in brief, as follows: Plaintiff went to a livery stable where defendant had his mules and horses for sale, for the purpose of effecting a trade or swap with him. Plaintiff told defendant that he wanted a good family horse.
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Fraud. Title. Warranty. Actions. Trover. Before Judge LAWSON.' Putnam County. At Chambers. January 27th, 1880. Pennaman brought trover for a mule against Dawson in a justice'court. On the trial, the evidence in his behalf was, in brief, as follows: Plaintiff went to a livery stable where defendant had his mules and horses for sale, for the purpose of effecting a trade or swap with him. Plaintiff told defendant that he wanted a good family horse. He selected a horse which he proposed to trade for, but defendant said that horse would not suit him, as he would not work well, but that he…
1Opinion of the Court
Jackson, Chief Justice.
This case came before the superior court on a writ of certiorari, and the superior court having sustained the certiorari and remanded the case for another hearing in the justice court, the plaintiff in error excepted and, assigns for error the judgment sustaining the certiorari. The suit was for a mule, wherein plaintiff in the justice court was non-suited on the ground that his testimony was insufficient prima facie to make a case to go to the jury. It seems that the horse was warranted to be sound, and the justice held that the action should have been upon the breach…
2Cited by10 opinions
- Newman v. Claflin Co.Supreme Court of Georgia · 1899
- Barnett v. SpeirSupreme Court of Georgia · 1894
- Few v. Automobile Financing, Inc.Court of Appeals of Georgia · 1960
- Johnson v. HarleySupreme Court of Georgia · 1904
- Pound v. WilliamsSupreme Court of Georgia · 1904
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