Edwards Co. v. Zemurray

Court of Appeals of Georgia

Edwards Co. v. Zemurray

108 S.E. 830, 27 Ga. App. 479, 1921 Ga. App. LEXIS 221

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1921

Docket12501

StatusPublished

Cited by1 cases

This text of 108 S.E. 830 (Edwards Co. v. Zemurray) 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.

Bluebook

Edwards Co. v. Zemurray, 108 S.E. 830, 27 Ga. App. 479, 1921 Ga. App. LEXIS 221 (Ga. Ct. App. 1921).

Pincite

Opinion

Hill, J.

1. It is a settled rule that “where property is bought under an implied warranty that it is reasonably suited to the use intended, an acceptance by the purchaser waives all defects discovered by him, or which, by the exercise of ordinary care and prudence, he might have discovered, before delivery.” Mansor v. Zemurray, 22 Ga. App. 441 (96 S. E. 233). And see Cook v. Finch, 117 Ga. 541 (44 S. E. 95); Henderson Elevator Co. v. North Ga. Milling Co., 126 Ga. 279 (55 S. E. 50).

2. The defendants’ evidence proved that they had knowledge of the defective condition of the bananas when they received them, and that with such knowledge they accepted them. The direction of a verdict for the plaintiff was therefore demanded. This case is fully controlled by the decision of this court in Mansor v. Zemurray, supra.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., conawr.

Free access — add to your briefcase to read the full text and ask questions with AI