Gano v. Green

Supreme Court of Georgia

Gano v. Green

42 S.E. 371, 116 Ga. 22, 1902 Ga. LEXIS 11

CourtSupreme Court of Georgia

DecidedJuly 23, 1902

StatusPublished

Cited by1 cases

This text of 42 S.E. 371 (Gano v. Green) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gano v. Green, 42 S.E. 371, 116 Ga. 22, 1902 Ga. LEXIS 11 (Ga. 1902).

Pincite

Opinion

Little, J.

1. A petition in an action to recover damages for a breach of warranty alleged to be contained in a deed is open to special demurrer if it does not set forth, at least in substance, a sufficiency of the contents of such deed to show the covenant of warranty, the breach of which is complained of; and where such a demurrer to such a petition is filed, and the defect is not cured by amendment, it is not erroneous to dismiss the petition.

2. Irrespective of the questions presented by the other grounds of the demurrer in this case, the judgment excepted to was, for the reason indicated above, manifestly correct.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

Action for breach of warranty. Before Judge Felton. Houston superior court. October 8,1901.

Edwin L. Bryan, for plaintiff.

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