1922 Supplement to Park's Annotated Code of the State of Georgia, 1914

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ... note given for purchase price of mule and reserving to seller title until payment of note contains stipulation that seller "makes no warranty, either express or implied, as to soundness, health, or habits of said property, but the maker hereof assumes all risk in reference thereto, and shall not be entitled to abatement of amount of this note for any reason whatsoever," it is no defense to suit on note that mule died without fault of purchaser, while in his possession. 24 App. 646 (101 8. E. 815). Evidence: Where to action of trover for diamond stud, sold by plaintiff to defendant under contract retaining title until payment of price, defense pleaded was that stud had been lost without fault of defendant, and where only testimony was his statement that he "lost the same while in bathing," defendant failed to carry burden which law imposed upon him, and evidence demanded finding for plaintiff. 24 App. 290 (100 8. E. 654). Fault: In order for vendee of personalty under contract reserving title to vendor to rescind contract or have abatement in price on its destruction, it must affirmatively appear that property was destroyed without vendee's fault. 143/ 732 (3) (85 8. E. 873). Fire: Under conditional sale contract here buyers suffer loss from destruction of machinery by fire while in their possession. 142/830 (83 S. E. 944).. Personal property: Where personal property is destroyed by fire, loss must fall upon him who holds title. 18 App. 639 (2) (90 8. E. 79). § 4125. (§ 3545.) Delivery of goods essential. Automobile dealer: In action against manufacturer for breach of dealer's agreement to sell automobiles, under pleadings and evidence, refusal of requested charge that dealer's letters to manufacturer instructing it to ship no ...