Supreme Court of Georgia, 1902

Gano v. Green

Supreme Court of Georgia · Decided July 23, 1902 · Little

116 Ga. 22; 42 S.E. 371; 1902 Ga. LEXIS 11

Cases that cite this one

1 later published case cites this decision.

McEntyre v. Merritt (Ga. Ct. App. 1932)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Little, J.

1. A petition in an action to recover damages for a breach of warranty alleged to be contained in a deed is open to special demurrer if it does not set forth, at least in substance, a sufficiency of the contents of such deed to show the covenant of warranty, the breach of which is complained of; and where such a demurrer to such a petition is filed, and the defect is not cured by amendment, it is not erroneous to dismiss the petition.

2. Irrespective of the questions presented by the other grounds of the demurrer in this case, the judgment excepted to was, for the reason indicated above, manifestly correct.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

Action for breach of warranty. Before Judge Felton. Houston superior court. October 8,1901.

Edwin L. Bryan, for plaintiff.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.