Georgia Reports Volume 142

Georgia Reports Volume 142

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...considered, it does not conflict with previous rulings. In Fay ct' Eagan C0. V. Dudley, 129 Ga. 314 (58 S. E. 826), suit was brought for the purchase-price of a machine known as "double end tenoner." The contract of sale, which was signed by both parties, used the descriptive words: "No 6 Double Upper and Lower Tenoning head bits, upper and lower cope heads and bits lei t off, but with cope spindles." It also described the borer, "with bits to mortise and bore 5/ 16" mortise and hole, and to be suitable for small stationary slats, if necessary, as small as 7/8" x 3/32" mortise;" and saw mandrel of a particular kind, and a sash sticker with a boring attachment of a particular sort. There were provisions "that this contract is not modified or added to by any agreement not expressly stated herein; and that a retention of the property forwarded, after thirty days from date of shipment, shall constitute a trial and acceptance, be a conclusive admission of the truth of all representations made by or for the consignor, and void all its contracts of warranty express and implied." The defendants, among other things, sought to set up that the plaintiff sold the machine and warranted it to be the latest improved doubleheaded tenoner suited for the purposes intended, such purpose being the manufacture of doors, sashes, blinds, and furniture; and that this was known to the plaintiff. It was held that the express contract excluded the implied warranty of suitability for the particular purpose intended by the buyer. It seems quite clear that the very terms of the contract sought to exclude such implied warranty. It was accordingly held that it was error to admit in evidence...
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Product details

  • Paperback | 428 pages
  • 189 x 246 x 22mm | 757g
  • United States
  • English
  • black & white illustrations
  • 1236880358
  • 9781236880352