SEABOLT v. FITE

33415.

84 Ga. App. 37 (1951)

65 S.E.2d 275

SEABOLT v. FITE et al., executors.

Court of Appeals of Georgia.

Decided May 25, 1951.


Attorney(s) appearing for the Case

Phil M. Landrum, for plaintiff in error.

Herman J. Spence, contra.


WORRILL, J.

In this action on a promissory note, given by the defendant for the purchase-price of two mares, to which the defendant filed a plea of a total failure of consideration and a breach of a collateral parol warranty, the evidence for the defendant was vague, indefinite and uncertain and wholly insufficient to show either that the mares about which the witnesses testified were the particular mares involved in the contract sued on, or that there was a total...

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