13 Ga. App. 512 | Ga. Ct. App. | 1913
The suit was upon an open account for the purchase-price of a lot of fruit jars. The account arose under a written contract for the purchase of a large lot of fruit jars described as “economy jars.” A portion of the goods were delivered and accepted by the defendant, 'and the remainder rejected. The suit was for the balance claimed to be due under the contract. The / defendant pleaded that it was induced to enter into the contract by the false and fraudulent representations of the plaintiff’s agent in reference to the quality of the jars, made to the defendant and to retail merchants from whom the agent secured orders, which were turned over to the defendant to be filled. It was further
The defendant knew nothing of the quality of "economy jars.” The name imported no particular article of a definite kind and quality. The jar exhibited by the agent appeared to be of the quality represented by him when the test which he used was applied, but, according to some of the evidence, they were wholly worthless as fruit jars when put to practical use.
Judgment affirmed.