WILSON v. TAYLOR

39688.

106 Ga. App. 720 (1962)

128 S.E.2d 83

WILSON v. TAYLOR.

Court of Appeals of Georgia.

Decided October 4, 1962.


Attorney(s) appearing for the Case

G. Gerald Kunes, for plaintiff in error.

Reinhardt & Ireland, D. C. Ireland, James G. Whitley, contra.


RUSSELL, Judge.

1. "A plea of breach of warranty is the substantial equivalent of a plea of failure of consideration; and the defense is allowed upon the principle that the consideration of a note between the parties is always open to inquiry so far as the promise to pay depends upon the existence, continuance, or amount, and that as a warranty is incident to every sale of a chattel, parol evidence is admissible, not for the purpose of showing that a different promise...

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