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15 Ga. App. 64

Brooks v. Jenkins

Court of Appeals of Georgia

Decided August 22, 1914

Court of Appeals of Georgia · decided 1914-08-22

<p>Complaint; from city court of Sandersville—Judge Jordan. March 23, 1914.</p>

Cited by 2 later decisions — most recently December 1922

2 state decisions

Relies on Pryor v. Ludden & Bates Southern Music House · Bullard v. Brewer · 3 Ga. App. 586 - Branan v. Lee

Good law ✅— No negative treatment on recordhow we know

Decided 1914-08-22

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Russell, C. J.

¶1As the purchase-money note sued on purported to contain the terms of the sale, and contained an express waiver of “all warranty” as to the mules for which the note was given, “except as to the title,” parol evidence as to breach of warranties implied by law, as well as of a breach of parol warranties contemporaneous with the execution of the written contract, should have been excluded. The court did not err in refusing a new trial. Branan v. Warfield, 3 Ga. App. 586 (60 S. E. 325); Branch v. James, 4 Ga. App. 90 (60 S. E. 1027) ; Boswell v. Johnson, 5 Ga. App. 251 (62 S. E. 1003) ; Watson v. Smith, ante, 62 (82 S. E. 633); McNeel v. Smith, 106 Ga. 215 (32 S. E. 119) ; Bullard v. Brewer, 118 Ga. 918 (45 S. E. 711). And see Pryor v. Ludden, 134 Ga. 289 (67 S. E. 654, 28 L. R. A. (N. S.) 267).

¶2Judgment affirmed.

Roan, J., absent.
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