54 Ga. App. 679 | Ga. Ct. App. | 1936
Where personal property described as “1 5-88 counter machine, coils and valve (case W-807),” is sold, and the written retention-title contract, in the form of an order signed by both parties, provides that it “ states the entire agreement for the purchase” of such property, “and is not modified by any verbal agreement,” that “there shall be no alterations or additions to the work herein specified unless agreed upon in writing,” that the “responsibility of the” vendor “on this shipment shall cease upon delivery of the goods in good condition to the railroad company,” and that “the use of the property described herein, or any portion thereof for a period of five days, constitutes an acceptance of the same as complying with all the terms and particular specifications of this contract, and all claims of damages, errors, or shortage, not filed within that time are hereby waived,” this is the purchase of
In the instant case, it seems to us that the defendant’s testi-' mony went to the effect only that the machine was not reasonably suited to the use the defendant intended, and did not go to the effect that the machine was not reasonably suited to the uses for which the manufacturer professed to make it, or that it was not suitable to perform the ordinary work which the described machine was made to do. In other words, the evidence showed that this was a purchase of a specific article manufactured for a particular use, and did not show that it was unfit, improper, and inefficacious for that use, but did show that in respect to the operation of which in producing a desired result, under the particular circumstances, the buyer found himself disappointed. This is not a case of an alleged defect in the process of manufacture known to the vendor, or of justifiable reliance by the buyer on the judgment of the vendor rather than on his own. In this case we think the written contract was complete within itself, and that the case comes within the rule laid down in Davis Calyx Drill Co. v. Mallory, 137 Fed. 332, 334 (69 L. R. A. 973), as follows: “But no implied warranty that a machine, tool, or article is suitable to accomplish a particular purpose or to do a specific work arises where the vendor orders of the manufacturer, or purchases of the dealer, a specific, described, or definite machine, tool, or article, although the vendor knows the purpose or work which the purchaser intends to accom
Judgment affirmed.