Home/Supreme Court of Georgia/Springer v. Indianapolis Brewing Co.

Springer v. Indianapolis Brewing Co.

55 S.E. 53, 126 Ga. 321, 1906 Ga. LEXIS 377
Supreme Court of Georgia·Decided August 17, 1906·Published·Cited by 15 cases

Opinion

Atkinson, J.

From the evidence in this case it appears that both buyer and seller understood that the shipment of beer, for the purchase-price of which this suit was brought, was to be of the same quality as that of the previous car-load of beer. This amounted to an express warranty of the quality, and the standard was the grade and quality of the first shipment. The relative Tights of the parties are stated in the 2d, 3d, and 4th headnotes. 'The court charged the jury on the subject of implied warranty; and in this he erred, because an express warranty excludes all idea of an implied warranty. The rules laid down in the headnotes will serve as a guide in the next trial. In connection with the rulings here made, see Henderson Elevator Company v. North Georgia Milling Company, ante, 279.

Judgment affirmed.

All the Justices concur, except Eish, C. J., absent.

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

Springer v. Indianapolis Brewing Co., 55 S.E. 53, 126 Ga. 321, 1906 Ga. LEXIS 377 (Ga. 1906).

55 S.E. 53 (Springer v. Indianapolis Brewing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Rogers v. Toni Home Permanent Co.
167 Ohio St. (N.S.) 244 (Ohio Supreme Court, 1958)
George M. Couch, Inc. v. James
100 S.E.2d 463 (Court of Appeals of Georgia, 1957)
Frick Company Inc. v. Smith
27 S.E.2d 795 (Court of Appeals of Georgia, 1943)
Consolidated Pecan Sales Co. v. Denison Peanut Co.
107 F.2d 80 (Fifth Circuit, 1939)
A. D. L. Sales Co. v. Gailey
173 S.E. 734 (Court of Appeals of Georgia, 1934)
Brandon & Co. v. Franklin & Co.
167 S.E. 612 (Court of Appeals of Georgia, 1933)
Evans v. Mitchell
162 S.E. 660 (Court of Appeals of Georgia, 1932)
Howard Inc. v. Nalley & Co.
161 S.E. 380 (Court of Appeals of Georgia, 1931)
Smith v. Loftis Bros.
158 S.E. 768 (Court of Appeals of Georgia, 1931)
Hardy v. General Motors Acceptance Corp.
144 S.E. 327 (Court of Appeals of Georgia, 1928)
Lowery v. Rowland Co.
122 S.E. 627 (Court of Appeals of Georgia, 1924)
Colt Co. v. Wheeler
120 S.E. 792 (Court of Appeals of Georgia, 1923)
Napier v. Strong
91 S.E. 579 (Court of Appeals of Georgia, 1917)
John A. Roebling's Sons Co. v. Southern Power Co.
83 S.E. 138 (Supreme Court of Georgia, 1914)
North Georgia Milling Co. v. Henderson Elevator Co.
60 S.E. 258 (Supreme Court of Georgia, 1908)