Anthony v. Cody

Supreme Court of Georgia
Anthony v. Cody, 135 Ga. 329 (Ga. 1910)
69 S.E. 491; 1910 Ga. LEXIS 520
Evans

Anthony v. Cody

Opinion of the Court

Evans, P. J.

The maker of a promissory note, which recites that its consideration is the purchase-price of described personal property, but docs not purport to integrate the sale contract, may, in defense to a suit on the note by the seller, plead as failure of consideration a breach of a contemporaneous oral warranty. Pryor v. Ludden & Bates Southern Music House, 134 Ga. 288 (67 S. E. 654).

(cr) It was error to strike the plea on general demurrer.

Judgment reversed.

All the Justices concur..

Reference

Cited By
7 cases
Status
Published