Thompson v. Scott

Court of Appeals of Georgia

Thompson v. Scott

94 S.E. 628, 21 Ga. App. 440, 1917 Ga. App. LEXIS 629

CourtCourt of Appeals of Georgia

DecidedDecember 14, 1917

Docket8648

StatusPublished

Cited by1 cases

This text of 94 S.E. 628 (Thompson v. Scott) 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

Thompson v. Scott, 94 S.E. 628, 21 Ga. App. 440, 1917 Ga. App. LEXIS 629 (Ga. Ct. App. 1917).

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Opinion

Jenkins, J.

A breach of warranty, express or implied, gives the pur-

chaser a right to damages (Civil Code (1910), § 4136); and even though the seller by his acts might have become liable for fraud as well as for a breach of warranty, the buyer may waive the fraud and sue upon the breach of warranty. Burge v. Stroberg, 42 Ga. 88; Perdue v. Harwell, 80 Ga. 150 (4 S. E. 877). The present action appears to have been brought to recover damages under an alleged express warranty under which the consideration of a purchase had wholly failed. The verdict was not unauthorized, since the evidence, though conflicting, was such as might sustain the contentions of the plaintiff. The exceptions contained in the motion for new trial relating to the alleged errors in the charge of the court, not being referred to in counsel’s brief, must be treated as abandoned.

Judgment affirmed.

Wade, O. J., and Lulce, J., concur.

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Jenkins, J.

A breach of warranty, express or implied, gives the pur-

chaser a right to damages (Civil Code (1910), § 4136); and even though the seller by his acts might have become liable for fraud as well as for a breach of warranty, the buyer may waive the fraud and sue upon the breach of warranty. Burge v. Stroberg, 42 Ga. 88; Perdue v. Harwell, 80 Ga. 150 (4 S. E. 877). The present action appears to have been brought to recover damages under an alleged express warranty under which the consideration of a purchase had wholly failed. The verdict was not unauthorized, since the evidence, though conflicting, was such as might sustain the contentions of the plaintiff. The exceptions contained in the motion for new trial relating to the alleged errors in the charge of the court, not being referred to in counsel’s brief, must be treated as abandoned.

Judgment affirmed.

Wade, O. J., and Lulce, J., concur.

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Bluebook (online)

94 S.E. 628, 21 Ga. App. 440, 1917 Ga. App. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-scott-gactapp-1917.

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