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United Motor Atlanta Co. v. Paxson Bros.

United Motor Atlanta Co. v. Paxson Brothers

United Motor Atlanta Co. v. Paxson Bros., 80 S.E. 704 (Ga. Ct. App. 1914)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 20, 1914
Docket
No. 5215
Judges
Pottle
Citations
80 S.E. 70414 Ga. App. 1721914 Ga. App. LEXIS 160
Summary
Affidavit of illegality; from city court of Abbeville — Judge Nicholson. August 15, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Pottle

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Pottle, J.

1. The evidence did not demand a finding in favor of the plaintiff for the full amount sued for, and the discretion of the trial judge in granting a first new trial will not be disturbed.

2. On another trial, if it appears that the automobile, for the purchase-price of which suit was brought, was sold to the defendants under a contract containing a limited warranty, they can not insist upon ariy warranty other than that embraced in the contract. Cochran v. Jones, 11 Ga. App. 302 ( 75 S. E. 143 ). Moreover, if the defendants rely upon an express warr&.,ty, they can not defend upon proof of an implied warranty. Johnson v. Latimer, 71 Ga. 470 (2) ; Brooks Lumber Co. v. Case Threshing Machine Co., 136 Ga. 754 ( 72 S. E. 40 ). The evidence was sufficient to raise an issue of fact upon the plea of partial failure of consideration, and did not demand a finding that the machine was not in some respects deficient. Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11923: 11953: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. John A. Roebling's Sons Co. v. Southern Power Co.89 S.E. 1075 (Ga. 1916) · Dissent
  2. Collins v. ABEL HOLDING COMPANY79 S.E.2d 436 (Ga. Ct. App. 1953)
  3. Murrow v. Walden120 S.E. 545 (Ga. Ct. App. 1923)

Most recent

  1. Collins v. ABEL HOLDING COMPANY79 S.E.2d 436 (Ga. Ct. App. 1953)
  2. Murrow v. Walden120 S.E. 545 (Ga. Ct. App. 1923)
  3. John A. Roebling's Sons Co. v. Southern Power Co.89 S.E. 1075 (Ga. 1916) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Brooks Bros. Lumber Co. v. Case Threshing Mach. Co., 72 S.E. 40 (Ga. 1911) 25
Cochran v. Jones & Oglesby, 75 S.E. 143 (Ga. Ct. App. 1912) 4
Johnson v. J. S. &. W. H. Latimer, 71 Ga. 470 (1884) 34

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