Corbett v. North Florida Clarklift, Inc., 60320
| Decision Date | 10 September 1980 |
| Docket Number | No. 60320,60320 |
| Parties | , 30 UCC Rep.Serv. 825 CORBETT v. NORTH FLORIDA CLARKLIFT, INC. |
| Court | Georgia Court of Appeals |
A. W. Touchton, Lake Park, for appellant.
F. Thomas Young, Valdosta, for appellee.
Plaintiff-purchaser brought suit against defendant-seller for damages resulting from the destruction by fire of a machine (cable skidder) purchased from defendant. Plaintiff's allegations of breach of contract were premised on certain of defendant's purported oral representations. Plaintiff also sued in tort (fraud), contending that defendant fraudulently induced plaintiff to enter into the contract of purchase through material misrepresentations. From the grant of defendant's motion for summary judgment on the issue of breach of warranty and the grant of defendant's motion for directed verdict on the issue of breach of contract, plaintiff appeals. We affirm.
1. Plaintiff submits that the defendant made certain oral representations of warranty concerning a fire suppression system attached to the cable skidder. The sales contract in issue specifically provided that
Avery v. Aladdin Products Div. etc., Inc., 128 Ga.App. 266(1), 196 S.E.2d 357. Thus, appellant's assertions of error premised upon his contention of a prior or contemporaneous oral agreement of warranty are without merit.
2....
To continue reading
Request your trial
- Classic Restorations, Inc. v. Bean
-
Holman Motor Co. v. Evans
...disclaimer that met the requirements of OCGA § 11-2-316(2) and (3)(a) (Code Ann. § 109A-2-316). See Corbett v. North Fla. Clarklift, 155 Ga.App. 701(1), 272 S.E.2d 563 (1980); Hutchinson Homes v. Guerdon Indus., 143 Ga.App. 664, 665, 239 S.E.2d 553 (1977). Appellee's argument that the discl......
-
Apex Supply Co., Inc. v. Benbow Industries, Inc., s. 76766
...in the same type style does not serve to render the disclaimer language any less conspicuous. See generally Corbett v. North Fla. Clarklift, 155 Ga.App. 701(1), 272 S.E.2d 563 (1980). It follows that the trial court erred in finding that the disclaimer language did not meet the "conspicuous......
-
W. Linton Howard, Inc. v. Gibbs Machinery, Inc.
...or contemporaneous parol agreement is prohibited by [OCGA § 11-2-202 (Code Ann. § 109A-2-202) ]. [Cit.]" Corbett v. North Fla. Clarklift, Inc., 155 Ga.App. 701(1), 272 S.E.2d 563. Thus, appellant's contention that appellee breached the sales contract by failing to fulfill the implied warran......