Woodruff v. McGehee
Supreme Court of Georgia
Action for Breach of Warranty and Non-suit, in Troup Superior Court. Decision by Judge Bull, at November Term, 1859. This was an action brought by Michael Woodruff against John W. McGehee, to recover damages for the breach of a warranty of soundness of a horse sold by defendant to plaintiff.
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Action for Breach of Warranty and Non-suit, in Troup Superior Court. Decision by Judge Bull, at November Term, 1859. This was an action brought by Michael Woodruff against John W. McGehee, to recover damages for the breach of a warranty of soundness of a horse sold by defendant to plaintiff. The declaration alleged that plaintiff purchased the horse, by his agent, William M. Lee, for the sum of two hundred dollars, and that defendant waranted said horse to be sound, whereas he was unsound and of no value. Preliminary to the introduction of the paper or receipt containing the warranty,…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The only reason assigned for the rejection of this warranty, is that it is made to the agent, the principal not being known in the transaction. But the authorities are express that the principal may claim all his rights, though not at first known, just as if he had been known, with the single limitation that the other party shall not lose any right which he would have against the agent if the agent were principal as he had first been supposed to be. See Story on Agency, sec. 418. The reason of the doctrine is, that it is but just that every man…
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