Jesse French Piano & Organ Co. v. Barber, 63 S.E. 233 (Ga. Ct. App. 1908). · Go Syfert
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Jesse French Piano & Organ Co. v. Barber, 63 S.E. 233 (Ga. Ct. App. 1908). Cases Citing This Book View Copy Cite
75 citation events across 4 distinct courts.
Strongest positive: Lanier v. Burnette (gactapp, 2000-08-16)
Treatment trajectory · 1909 → 2026 · click a year to view as-of
1909 1967 2026
Top citers, strongest first. 11 distinct citers.
cited Cited as authority (rule) Lanier v. Burnette
Ga. Ct. App. · 2000 · confidence medium
Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 352 (3) ( 63 SE 270 ) (1908).
examined Cited as authority (rule) Klingshirn v. McNeal (4×) also: Cited "see"
Ga. Ct. App. · 1999 · confidence medium
Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 345 (2) (a) ( 63 SE 270 ) (1908).
discussed Cited as authority (rule) Georgia Marble Co. v. Therrell
Ga. · 1999 · confidence medium
Co., 81 Ga. 387, 396 ( 8 SE 871 ) (1889), an action for damages for conversion of timber, the Court calculated damages where the defendant acted in good faith, as “the value at the time of conversion, less the amount which [defendant] added to its value.” 3 The rationale for this rule was explained in Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 349-350 ( 63 SE 270 ) (1908): The courts long ago saw that to allow the owner to recover a chattel in its improved condition from one who, innocently or inadvertently mistaking it for his own, had, after converting it, greatly increased its value…
discussed Cited as authority (rule) Knox Enterprises v. Timbermen, Inc.
Ga. Ct. App. · 1994 · confidence medium
Co., 81 Ga. 387 ( 8 SE 871 ) (1889); and Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 349 (2) ( 63 SE 270 ) (1908) for the genesis of OCGA § 51-12-50 dealing with damages for “timber cut and carried away” by a tortfeasor.
discussed Cited as authority (rule) Davis v. Davidson
Ga. Ct. App. · 1985 · confidence medium
This contention appears to be predicated primarily upon language in Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 348 ( 63 SE 270 ), stating that “the obtaining of satisfaction by any one of these [alternative] remedies precludes further proceedings upon the cause of action.” This language is an expression of the general rule that double recovery of the amount of damages is not permitted.
discussed Cited as authority (rule) Cooper v. Brock
Ga. Ct. App. · 1948 · confidence medium
Unless this be shown, the plaintiff whose property has been converted is entitled to the full value of the property in its manufactured state.” The court said, in Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 352 ( 63 S. E. 270 ), “In trover cases, such as we have been discussing, the innocency and good faith of the defendant . . are material only as a basis of an affirmative defense of set-off.
discussed Cited as authority (rule) Zugar v. Crystal Springs Bleachery
Ga. Ct. App. · 1944 · confidence medium
Special ground 1 of the motion for new.trial complains of the court’s refusal to charge the following written request: “Until some other basis for recovery appears, the plaintiff in this case would be entitled to a verdict for the full value of the coal at the date of the conversion, with interest at seven per cent, per annum.” While the language of this request was evidently taken from the body of the decision in Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 353 ( 63 S. E. 270 ), it was not pertinent to the case at bar, and it was not error to refuse the request.
discussed Cited as authority (rule) Federal Land Bank v. Saint Clair Lumber Co.
Ga. Ct. App. · 1938 · confidence medium
Bank of Sparta v. Butts, 1 Ga. App. 771 ( 57 S. E. 1061 ); Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 348 ( 63 S. E. 270 ); American Railway Express Co. v. Willis, 28 Ga. App. 430 ( 111 S. E. 580 ).
cited Cited as authority (rule) Laslie v. Gragg Lumber Co.
Ga. · 1937 · confidence medium
The statement of Judge Powell, in Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 347 ( 63 S. E. 270 ), rests upon solid ground.
cited Cited "see" West Lumber Co. v. Castleberry
Ga. Ct. App. · 1947 · signal: see · confidence high
See Milltown Lumber Company v. Carter, 5 Ga. App. 344 , and Taylor v. Hammack, 61 Ga. App. 640 .
discussed Cited "see" Williams v. Abercrombie (2×)
Ga. Ct. App. · 1939 · signal: see · confidence high
See Jesse French Piano & Organ Co. v. Barber, 5 Ga. App. 344 ( 63 S. E. 233 ); McDaniel v. Mallary Co., 6 Ga. App. 848 ( 66 S. E. 146 ); Belle City Mfg.
Jesse French Piano & Organ Company
v.
Barber
1361.
Court of Appeals of Georgia.
Dec 22, 1908.
63 S.E. 233
W. H. McKenzie, for plaintiff. Crum & Joms, for defendant.
Cited by 7 opinions  |  Published
Powell, J.

1. The unconditional acceptance of an article bought under an express warranty usually operates as a waiver of such defects as were within the actual knowledge of the purchaser at the time of the acceptance; but if, at the time the article is tendered to the purchaser, and before final acceptance, he, upon discovering defects, complains of them, arid the Seller tells him to retain and pay for the article, and that he will remedy the defects, a waiver of warranty does not result from such an acceptance, nor from partial payments -made thereafter.

2. The- jury was authorized to find, in the present ease, that the defendant bought a piano under an express warranty, that it was defective when it was placed in his house, that he immediately notified the seller, that . the seller promised to remedy all defects and insisted upon his retaining’ the instrument, that he did so retain it, and, upon the promises so made him, continued to make payments until he paid a sum equal to the purchase-price, less the damages that ensued from the breach of the warranty, and that the seller never complied with its promises to remedy the defects. Hence, the verdict rendered in favor of the defendant, who was sued for the unpaid balance of the purchase-money, is •sustainable. Judgment aflwmed.