Lockridge-Rogers Lumbers Co. v. Lord

Court of Appeals of Georgia

Lockridge-Rogers Lumbers Co. v. Lord

54 S.E.2d 914, 80 Ga. App. 37, 1949 Ga. App. LEXIS 764

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1949

Docket32601.

StatusPublished

Cited by1 cases

This text of 54 S.E.2d 914 (Lockridge-Rogers Lumbers Co. v. Lord) 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

Lockridge-Rogers Lumbers Co. v. Lord, 54 S.E.2d 914, 80 Ga. App. 37, 1949 Ga. App. LEXIS 764 (Ga. Ct. App. 1949).

Pincite

Opinion

Felton, J.

The evidence for the defendant tended to show that the warranty was breached and would have authorized such a finding. One of the plaintiffs testified in effect, that the machine would rip lumber up to 4 inches in thickness, that he offered to show the defendant how to operate it so that it would do so, and that the defendant refused to permit him to demonstrate or to fix the machine so it would properly perform. This was sufficient to make a question of fact for the court to decide. The first ground of the amended motion complains of the admission of testimony of one of the plaintiffs as follows: “I have been selling that kind of machine for 25 years and seen it in operation constantly. . . In Fulton County at least a *38 dozen of these machines are operating.” The second ground complains of similar testimony of another witness to the effect that he operated a similar machine without difficulty.

The headnotes require no further discussion.

The other grounds of the motion are without merit, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Sutton, C. J., and Worrill, J., concur.

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Felton, J.

The evidence for the defendant tended to show that the warranty was breached and would have authorized such a finding. One of the plaintiffs testified in effect, that the machine would rip lumber up to 4 inches in thickness, that he offered to show the defendant how to operate it so that it would do so, and that the defendant refused to permit him to demonstrate or to fix the machine so it would properly perform. This was sufficient to make a question of fact for the court to decide. The first ground of the amended motion complains of the admission of testimony of one of the plaintiffs as follows: “I have been selling that kind of machine for 25 years and seen it in operation constantly. . . In Fulton County at least a *38 dozen of these machines are operating.” The second ground complains of similar testimony of another witness to the effect that he operated a similar machine without difficulty.

The headnotes require no further discussion.

The other grounds of the motion are without merit, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Sutton, C. J., and Worrill, J., concur.

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Bluebook (online)

54 S.E.2d 914, 80 Ga. App. 37, 1949 Ga. App. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockridge-rogers-lumbers-co-v-lord-gactapp-1949.

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