122 Ga. 807 | Ga. | 1905
(After stating the facts.) It is provided in the Civil Code, § 3555, that “If there is no express covenant of warranty, the purchaser must exercise caution in detecting defects; the seller, however, in all cases (unless expressly or from the ■ nature of the transaction excepted) warrants — 1. That he has a valid title and right to sell. - 2. That the article is merchantable, and reasonably suited to the use intended. 3. That he knows of no latent defects undisclosed.” If the property is sold under a contract of express warranty, the terms of which explicitly define the warranty actually made, the law of implied warranty in the ■sale of personalty has no application. Malsby v. Young, 104 Ga. 205; Johnson v. Latimer, 71 Ga. 470; Holcomb v. Cable Company, 119 Ga. 466. It is contended that the contract sued on contained an express and complete warranty, and therefore excluded a defense based on implied warranty. This contention, however, is not sound. It is doubtful whether the written contract contains any warranty at all, in the proper sense of the term. It is certain that it does not purport to contain an express warranty explicitly defining the warranty actually made. As applied to sales of personal property a warranty has been defined,
Judgment affirmed.