¶1It was, upon the trial of an action upon a promissory note given for the purchase of a mule and on its face reserving in the seller the title to the property until paid for, erroneous to strike a plea alleging that the mule had died without any fault or negligence on the part of the defendant, and praying for a rescission of the contract of sale; there being no stipulation therein that the purchaser was to be liable in case the mule died. Civil Code, $ 3543. Judgment reversed.
108 Ga. 759
Smith v. Culpepper
Decided April 20, 1899
Supreme Court of Georgia · decided 1899-04-20
<p>Complaint. Before, Judge Reese. Taliaferro superior court. February term, 1898.</p>
Cited by 1 later decisions — most recently August 1913
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1899-04-20
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