Plaintiff in this case is attempting to recover damages for breach of warranty on a used car. The claimed breach is that the vehicle had a cracked block. Paragraph 3 of plaintiffs complaint, after reciting the sale by defendant to plaintiff, states, "... and warranted that conditions of its engine which caused the water level to be lower than normal was a crack in its engine block.” This constitutes an admission in judicio (Code Ann. § 38-114) and estops plaintiff from showing to the contrary. Although plaintiff recites in his brief that this pleading contains a typographical error, a party to a suit will not be allowed to disprove an admission made in his pleading without withdrawing it from the record.
Grigsby v. Fleming,
Judgment affirmed.