Trippe v. McLain

Supreme Court of Georgia

Trippe v. McLain

13 S.E. 523, 87 Ga. 536, 1891 Ga. LEXIS 217

CourtSupreme Court of Georgia

DecidedJuly 13, 1891

StatusPublished

Cited by5 cases

This text of 13 S.E. 523 (Trippe v. McLain) 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

Trippe v. McLain, 13 S.E. 523, 87 Ga. 536, 1891 Ga. LEXIS 217 (Ga. 1891).

Pincite

Opinion

Bleckley, Chief Justice.

TJuder the evidence in the record, the trial of this case in the court below had an improper result. The machinery was purchased at the price of $600.00, and [537]*537by the undisputed testimony, an expenditure of $50.00 would be sufficient to repair it and make it perform good work. It is therefore not worthless so as to entitle the purchaser to keep' it without paying for it, although in its present condition it may be inefficient, and if left in that condition always, would be worthless. Granting that there was no substantial error committed by the court in its charge to the jury, or otherwise during the progress of the trial, the verdict is not sustainable, and a new trial should be had for that reason. The court erred in not granting it.

Judgment reversed.

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

Bleckley, Chief Justice.

TJuder the evidence in the record, the trial of this case in the court below had an improper result. The machinery was purchased at the price of $600.00, and [537]*537by the undisputed testimony, an expenditure of $50.00 would be sufficient to repair it and make it perform good work. It is therefore not worthless so as to entitle the purchaser to keep' it without paying for it, although in its present condition it may be inefficient, and if left in that condition always, would be worthless. Granting that there was no substantial error committed by the court in its charge to the jury, or otherwise during the progress of the trial, the verdict is not sustainable, and a new trial should be had for that reason. The court erred in not granting it.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

13 S.E. 523, 87 Ga. 536, 1891 Ga. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trippe-v-mclain-ga-1891.

Opinion

Related

Cite This Page — Counsel Stack