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POSTELL v. BOYKIN TOOL & SUPPLY CO.

34090.

86 Ga. App. 400 (1952)

71 S.E.2d 783

POSTELL v. BOYKIN TOOL & SUPPLY COMPANY.

Court of Appeals of Georgia.

Rehearing Denied July 1, 1952.

Attorney(s) appearing for the Case

Johnson, Hatcher, Rhudy & Meyerson, for plaintiff in error.

Dunaway, Howard & Embry, contra.

TOWNSEND, J.

(After stating the foregoing facts.) 1. The defendant contended that the statements used amounted to nothing more than an implied warranty. Where goods are sold in the manufacturer's original sealed containers, and there is nothing to put the retailer on notice that they are not as represented to be, he is not liable on an implied warranty. Davis v. Williams, 58 Ga.App. 274 (198 S. E. 357). It...

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