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Borders v. Chapman

Borders v. Chapman, 97 S.E. 96 (Ga. Ct. App. 1918)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
October 16, 1918
Docket
No. 9860
Judges
Wade
Citations
97 S.E. 9622 Ga. App. 7121918 Ga. App. LEXIS 709
Summary
Complaint; from Warren superior court—Judge Walker. May 30, 1918.

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

Opinion of the Court — Wade

Text extracted by OCR from a scanned original; check the original for exact wording.

Wade, C. J.

Where a purchase-money note for a mule is unambiguous and unconditional, and contains no warranty of the soundness of the mule, and recites that it has lost one eye, no express warranty can be added by parol; and a plea which set up an express warranty, alleged to have been made by parol contemporaneously with the execution of such a note, that “the other eye of said mule was absolutely sound and all right,” and that the mule soon thereafter became totally blind, was properly stricken on 'demurrer. Fleming v. Satterfield, 4 Ga. App. 351 ( 61 S. E. 518 ). The agreement between the parties being reduced to writing and appearing to be a complete and certain' agreement importing a legal obligation, it must, in the absence of fraud, accident, *713 or mistake, be conclusively presumed that the writing contained the whole of the agreement between the parties.

Decided October 16, 1918. Complaint; from Warren superior court—Judge Walker. May 30, 1918. M. L. Felts, for plaintiffs in error. L. D. McGregor, contra.

Judgment affirmed.

Jenkins and Luke, JJ., conctir.

How later courts describe this case

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

1925: 11953: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Widincamp v. Patterson127 S.E. 158 (Ga. Ct. App. 1925)
  2. Collins v. ABEL HOLDING COMPANY79 S.E.2d 436 (Ga. Ct. App. 1953)

Most recent

  1. Collins v. ABEL HOLDING COMPANY79 S.E.2d 436 (Ga. Ct. App. 1953)
  2. Widincamp v. Patterson127 S.E. 158 (Ga. Ct. App. 1925)

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 1

DepthCaseCited by
Fleming v. Satterfield, 61 S.E. 518 (Ga. Ct. App. 1908) 7

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