162 Ga. 154 | Ga. | 1926
This is a certiorari brought to review the decision of the Court of Appeals in Colt Co. v. Bridges, 34 Ga. App. 422 (129 S. E. 904). The facts and the rulings made by the Court of Appeals will appear in its opinion in the case. The question for our decision is, whether the purchaser could rely upon the implied warranty that the machine purchased by him from this company was reasonably suited to the use intended, and could set up the breach of this implied warranty, to show total failure of consideration under the terms of the written contract of sale ? The seller in all cases (unless expressly or from the nature of the transaction excepted) warrants that the article sold is merchantable and reasonably suited to the use intended. Civil Code, § 4135. The written contract of purchase provides that “This instrument . . covers all the agreements between the purchaser and the company,” and that the contract can not be “altered or modified by any agent of the company, or in any manner, except by agreement in writing between the purchaser and the company acting by one of its officers.” Is the implied warranty which arises in all cases of sales, expressly or from the nature of the. transaction, excepted in this case? There is an express warranty by the seller that the apparatus furnished is “a thoroughly durable Galvanized Steel Acetylene Generator, automatic in action, and of good material and workmanship, and that it is on the permitted list of the National Board of Eire Underwriters.” Does this express warranty exclude the implied warranty which the law
In the case in hand the express warranty that the apparatus furnished is a thoroughly durable galvanized steel acetylene generator, automatic in action, and of good material and workmanship, and that it is on the permitted list of the National Board of Eire Underwriters, does not preclude the buyer from setting up the implied warranty of the law that the apparatus was reasonably suited for the purpose for which it was bought. The generator might be all that was claimed for it in the express warranty ; it might be a thoroughly durable galvanized steel acetylene generator; it might be automatic in action; it might be of good material and workmanship; and it might be on the permitted list of the National Board of Eire Underwriters. There is no inconsistency or repugnancy between this express- warranty and the implied warranty of the law. The generator was bought to make light, so that the purchaser would not dwell in his house in darkness. The law, in the absence of an express warranty which would preclude it, made the seller impliedly warrant that the generator was reasonably suited for generating light. This was the very essence of the contract of purchase. The express warranty in this contract of sale concerns make, quality, durability, action, material, and workmanship. It is well settled that such warranties are not usually so general in relation to the subject-matter of the sale as to exclude the implied warranty that the article is merchantable, and is reasonably suited to the use for which it was designed and intended. Hawley v. Van Winkle, 4 Ga. App. 85 (60 S. E. 1008). But it is urged that thg purchaser ordered a known, described, and definite article from the manufacturer thereof, that this article was actually supplied by the
So after a careful consideration of the opinion of the Court of Appeals, we think its judgment should be affirmed.
Judgment affirmed.