8 Ga. App. 509 | Ga. Ct. App. | 1911
(After stating the foregoing facts.)
It is also insisted by learned counsel for the defendant in error that parol evidence would not have been admissible to establish the allegation in the plea of a parol warranty at variance with the language of the contract, which excluded any warranty except as to title, and, of course, excluded the warranty as to soundness. We do not think that this rule of law is applicable. The note sued on was signed bjr the maker, who was the purchaser of the mules. It is his contract, and not the contract of the seller; and the parol warranty set out in the plea was the contract of the seller, and was entirely consistent with the terms of the note. In other words, the note was a part of the contract which was reduced to writing, and the parol warranty as to soundness was another part of the contract, which was not reduced to writing. The ndte did not express the whole contract, and was not intended, reasonably construed, in our opinion, to express the whole contract. “A warranty is a statement or representation made by the seller of goods, contemporaneously with and as a part of the contract of sale, though collateral to the express object of it, having reference to the character, quality, or
The other assignments of error made in the bill of exceptions, that the court erred in directing a verdict, after having stricken the pleas, and in rendering a judgment without the intervention of a jury, are not covered by the brief of the plaintiffs in error, and were not alluded to in the argument, and must be treated as having been abandoned.
The judgment is reversed, because of the error discussed in the first division of the opinion. Judgment reversed.