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
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.
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