Tatum v. Lowe , 142 Ga. 659 ( 1914 )


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  • Lumpkin, J.

    1. The charges complained of were not erroneous for any of the reasons assigned.

    2. The charge to the effect that if the seller of a mule sold it with a warranty of soundness, and subsequently, upon its appearing to be sick, offered to exchange for -it another mule -to be selected by the purchasers, and the latter declined this proposition, the seller would he entitled to recover the purchase-price unless he renewed his guaranty at that time, was inaccurate, but was more favorable to the seller than the pleadings and evidence authorized; and the jury having found for the defendants, who pleaded failure of .consideration to a suit for the purchase-price of the mule, this charge will not require a new trial on motion of the plaintiff.

    3. The evidence showed that the mule was originally sold with a warranty of soundness, and a renewal of the warranty was unnecessary to its enforcement for a breach, or to the maintenance of a plea of failure of consideration, if there was a total or partial failure.

    Judgment affirmed.

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

Document Info

Citation Numbers: 142 Ga. 659, 83 S.E. 523, 1914 Ga. LEXIS 495

Judges: Lumpkin

Filed Date: 11/13/1914

Precedential Status: Precedential

Modified Date: 11/7/2024