Johnson v. Harley

Supreme Court of Georgia

Johnson v. Harley

48 S.E. 685, 121 Ga. 83, 1904 Ga. LEXIS 20

CourtSupreme Court of Georgia

DecidedOctober 17, 1904

StatusPublished

Cited by8 cases

This text of 48 S.E. 685 (Johnson v. Harley) 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

Johnson v. Harley, 48 S.E. 685, 121 Ga. 83, 1904 Ga. LEXIS 20 (Ga. 1904).

Pincite

Opinion

Lamar, J.

Whether the plaintiff’s remedy was in trover, or for breach of the warranty, depended on the question as to whether there had been any fraud by the defendant. If there was a mere warranty, title passed. A breach did not void the sale. If there was a fraudulent representation which induced the plaintiff to act to his injury, no title passed, and he could sue in trover. The evidence was conflicting, hut that for the plaintiff was suffi-. cient to sustain the -verdict, either under Dawson v. Pennaman, 65 Ga. 698, Barnett v. Spier, 93 Ga. 762, or Newman v. Claflin, 107 Ga. 89. Judgment affirmed.

All the Justices concur.

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Lamar, J.

Whether the plaintiff’s remedy was in trover, or for breach of the warranty, depended on the question as to whether there had been any fraud by the defendant. If there was a mere warranty, title passed. A breach did not void the sale. If there was a fraudulent representation which induced the plaintiff to act to his injury, no title passed, and he could sue in trover. The evidence was conflicting, hut that for the plaintiff was suffi-. cient to sustain the -verdict, either under Dawson v. Pennaman, 65 Ga. 698, Barnett v. Spier, 93 Ga. 762, or Newman v. Claflin, 107 Ga. 89. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

48 S.E. 685, 121 Ga. 83, 1904 Ga. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-harley-ga-1904.

Opinion

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