SUMMERLOT v. CRAIN-DALY VOLKSWAGEN, INC.

51995.

138 Ga. App. 839 (1976)

227 S.E.2d 463

SUMMERLOT v. CRAIN-DALY VOLKSWAGEN, INC. et al.

Court of Appeals of Georgia.

Decided May 17, 1976.

Rehearing Denied June 8, 1976.


Attorney(s) appearing for the Case

Joseph H. King, Jr., for appellant.

Harland, Cashin, Chambers, Davis & Doster, Harry L. Cashin, T. Jackson Bedford, Jr., for appellees.


BELL, Chief Judge.

Plaintiff in this case is attempting to recover damages for breach of warranty on a used car. The claimed breach is that the vehicle had a cracked block. Paragraph 3 of plaintiff's complaint, after reciting the sale by defendant to plaintiff, states, "... and warranted that conditions of its engine which caused the water level to be lower than normal was a crack in its engine block." This constitutes an admission in judicio (Code Ann. § 38...

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