6 Ga. App. 301 | Ga. Ct. App. | 1909
Wooldridge sued the Oxford Knitting Mills in a justice’s court, on account, to recover the contract price of a carload of steam coal. The defense relied upon was total failure of consideration, in that the coal was expressly warranted as steam coal of first quality, when in fact it was not steam coal and could
There was no evidence offered by which the jury could determine the damages to the defendant arising from any partial failure of ■consideration; the verdict, under the law, was demanded.
Judgment affirmed.