15 Ga. App. 62 | Ga. Ct. App. | 1914
1. Since “an express warranty excludes an implied warranty on the same or a closely related subject, but not an implied warranty on an entirely different subject,” a stipulation, in a contract for the sale of live stock, that the vendor “does not warrant the health, life, and soundness of said stock, but only the title thereto,” excludes any warranty as to the “health, life, and soundness” of the stock and all related subjects, but does not exclude the implied warranty fixed by law that the article or thing sold is merchantable and reasonably suited to the use'intended (Civil Code, § 4135). Barber v. Singletary, 13 Ga. App. 171 (78 S. E. 1100). See also Bateman v. Warfield, 12 Ga. App. 259 (77 S. E. 104).
2. A purchase-money note given for a horse, which contains the following provision: “It is expressly understood that the said H. H. Smith [seller] does not warrant the health, life, and Soundness of said stock, but only the title thereto, and in case of death thereof or loss in any other way I [the purchaser] agree to sustain the loss,” does not, in a suit thereon, prevent the filing of a defense which sets up that the horse described in the note, and purchased for a draft horse, would balk and refuse to pull the lightest vehicle, and was unfit for the purpose for which he was purchased, and therefore worthless, and that this was known to the seller at the time of the sale, though the seller then guaranteed that the horse would work well in harness and would pull buggies, wagons, and any other vehicle.
3. The words “but only the title thereto,” following the words “does not
Judgment reversed.