TRAILMOBILE DIV. OF PULLMAN, INC. v. JONES

43901.

118 Ga. App. 472 (1968)

164 S.E.2d 346

TRAILMOBILE DIVISION OF PULLMAN, INC. v. JONES.

Court of Appeals of Georgia.

Decided October 8, 1968.


Attorney(s) appearing for the Case

Cotton, Katz & White, Richard A. Katz, for appellant.

Murphy & Murphy, Thomas B. Murphy, for appellee.


DEEN, Judge.

1. Insisting that its motion for directed verdict was erroneously overruled, the plaintiff contends that a showing of regular payments by the defendant over a 12-month period, plus evidence that the trailers had been used for a total of over 50,000 miles, demands the conclusion that any defense of breach of warranty or failure of consideration on the part of the buyer was waived when he continued to use the vehicles with notice of their defects, within...

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