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ROME BRICK CO. v. DIXIE &c. MFG. CO.

32593.

80 Ga. App. 7 (1949)

55 S.E.2d 158

ROME BRICK CO. v. DIXIE MACHINERY MFG. CO.

Court of Appeals of Georgia.

Decided September 10, 1949.

Attorney(s) appearing for the Case

Covington, Covington & Sullivan, for plaintiff in error.

Matthews, Owens & Maddox, contra.

FELTON, J.

The defendant below contends that under the pleadings in the case there were three warranties of the machinery bought by it: (1) a warranty that it would not clog; (2) a warranty that it had a capacity of 15 tons per hour when the moisture content of the material did not exceed 15%; and (3) a warranty that 90 to 95% of the material when ground would pass through 1/8" mesh when the moisture did not exceed 15%. The plaintiff below contends that there was...

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