MORRIS v. JEFF DAVIS MOTORS, INC.

35471.

91 Ga. App. 717 (1955)

87 S.E.2d 119

MORRIS v. JEFF DAVIS MOTORS, INC.

Court of Appeals of Georgia.

Rehearing Denied March 25, 1955.


Attorney(s) appearing for the Case

James L. Boatright, for plaintiff in error.

C. W. Health, contra.


NICHOLS, J.

1. The defendant's second amendment to his affidavit of illegality sought to set up the warranty of the manufacturer as a part of the contract, and to allege that it had been breached. While there is no question that the manufacturer's warranty was a part of the conditional-sale contract here sought to be foreclosed, there are no pleadings that the manufacturer breached the terms of its warranty. The conditional-sale contract stated in part: "Seller makes...

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