From Casetext: Smarter Legal Research

Securities Investment Co. v. Jett

Court of Appeals of Georgia
Oct 16, 1940
11 S.E.2d 36 (Ga. Ct. App. 1940)

Opinion

28566.

DECIDED OCTOBER 16, 1940.

Complaint on note; from Gwinnett superior court — Judge Pratt. May 14, 1940.

Pemberton Cooley, Wright Willingham, Leon Dean Covington, for plaintiff.

W. L. Nix, A. G. Liles, for defendant.


In cases of implied warranty a partial payment after notice of defects is a waiver of the defects. The court erred in overruling the motion for new trial.

DECIDED OCTOBER 16, 1940.


This is the second appearance of this case in this court. Securities Investment Co. v. Jett, 59 Ga. App. 418 ( 1 S.E.2d 69). The jury again found for the defendant, and the plaintiff excepted to the overruling of its motion for new trial. In the record in the former trial there were only two issues: whether the goods were defective, and whether the defendant knew of the defects or could have discovered them by the exercise of ordinary care before he executed a renewal note for the balance of the purchase-price. In the second trial the evidence presented the same two issues, but there was also other evidence which introduced into the case a question which was not in the first trial. The evidence on the second trial showed that the defendant made a $50 payment on the renewal note after he actually knew of the defects in the goods. The evidence showed that the defendant discarded the goods as useless, and two or three months thereafter paid a partial payment of $50 on the purchase-price. This was a waiver of the defects. The court erred in overruling the motion for new trial.

Judgment reversed. Stephens, P. J., and Sutton, J., concur.


Summaries of

Securities Investment Co. v. Jett

Court of Appeals of Georgia
Oct 16, 1940
11 S.E.2d 36 (Ga. Ct. App. 1940)
Case details for

Securities Investment Co. v. Jett

Case Details

Full title:SECURITIES INVESTMENT COMPANY v. JETT

Court:Court of Appeals of Georgia

Date published: Oct 16, 1940

Citations

11 S.E.2d 36 (Ga. Ct. App. 1940)
63 Ga. App. 384

Citing Cases

Coast Scopitone, Inc. v. Self

He should have made known his complaints and returned the machines as soon as the defects were discovered.…

Anderson v. Cheely

The plea and answer did not set forth a good defense of failure of consideration and breach of implied…