Alpine Safe & Lock Co. v. Parsons & Brother

Court of Appeals of Georgia

Alpine Safe & Lock Co. v. Parsons & Brother

78 S.E. 1023, 13 Ga. App. 154, 1913 Ga. App. LEXIS 81

CourtCourt of Appeals of Georgia

DecidedAugust 11, 1913

Docket4741

StatusPublished

Cited by2 cases

This text of 78 S.E. 1023 (Alpine Safe & Lock Co. v. Parsons & Brother) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alpine Safe & Lock Co. v. Parsons & Brother, 78 S.E. 1023, 13 Ga. App. 154, 1913 Ga. App. LEXIS 81 (Ga. Ct. App. 1913).

Pincite

Opinion

Hill, C. J.

1. In case of an express 'warranty that the property sold is of a particular kind and quality, the purchaser has the right to rely on the warranty, and may plead total or partial failure of consideration on account of defects discovered after acceptance, even though they would have been discovered by an examination before delivery. Cook v. Finch, 117 Ga. 541 (44 S. E. 95).

2. The giving of a note for the purchase-price will not estop the buyer from pleading failure of consideration, although the note was given after the discovery of the defects, where the seller promised to-repair the defects and failed to do so. Moultrie Repair Co. v. Hill, 120 Ga. 731 (48 S. E. 143); Robson v. Weatherly Lumber Co., 12 Ga. App. 781 (78 S. E. 610); Burr v. Atlanta Paper Co., 2 Ga. App. 52 (58 S. E. 373).

3. The verdict for the defendant was supported by the evidence, and no error of law is complained of. Judgment affirmed.

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Hill, C. J.

1. In case of an express 'warranty that the property sold is of a particular kind and quality, the purchaser has the right to rely on the warranty, and may plead total or partial failure of consideration on account of defects discovered after acceptance, even though they would have been discovered by an examination before delivery. Cook v. Finch, 117 Ga. 541 (44 S. E. 95).

2. The giving of a note for the purchase-price will not estop the buyer from pleading failure of consideration, although the note was given after the discovery of the defects, where the seller promised to-repair the defects and failed to do so. Moultrie Repair Co. v. Hill, 120 Ga. 731 (48 S. E. 143); Robson v. Weatherly Lumber Co., 12 Ga. App. 781 (78 S. E. 610); Burr v. Atlanta Paper Co., 2 Ga. App. 52 (58 S. E. 373).

3. The verdict for the defendant was supported by the evidence, and no error of law is complained of. Judgment affirmed.

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Bluebook (online)

78 S.E. 1023, 13 Ga. App. 154, 1913 Ga. App. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alpine-safe-lock-co-v-parsons-brother-gactapp-1913.

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