HENLEY v. SEARS-ROEBUCK & COMPANY

33722.

84 Ga. App. 723 (1951)

67 S.E.2d 171

HENLEY v. SEARS-ROEBUCK & COMPANY.

Court of Appeals of Georgia.

Decided October 11, 1951.


Attorney(s) appearing for the Case

Harris, Henson & Spence, for plaintiff.

Alston, Foster, Sibley & Miller, Philip H. Alston Jr., Dan B. Hodgson, for defendant.


SUTTON, C. J.

The only assignment of error in the motion for a new trial which is insisted upon here is to the following charge of the court: "I charge you, further, that, if the defendant should be found to have breached its implied warranty, and if the plaintiff, Mr. Henley, knew or had good reason to believe that the incubator was operating improperly or was operating in such a manner as to cause a reasonable man to be alarmed at the effect it might have on his...

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