Belle City Manufacturing Co. v. Palmer

1. “Where in the sale of machinery there is an express warranty as to quality, and, by the terms of the contract, liability of the seller for the breach of such warranty is predicated upon conditions. which must, as a condition precedent, be performed by the buyer, the seller will not be held liable on the warranty thus limited, unless the buyer complies with the conditions set forth therein” (Frick Co. v. Bridges, 51 Ga. App. 123, 127, 128, 179 S. E. 861; International Harvester Co. v. Morgan, 19 Ga. App. 716, 719, 92 S. E. 35, and cit.), unless the seller waives such compliance by the buyer…