Legal Opinion

Lemly v. . Ellis

Supreme Court of North Carolina

Decided December 4, 1907PublishedCited by 14 opinions

Civil actioN to recover damages for breach of warranty-arising in sale and conveyance of land, tried before Ferguson, J., and a jury, at March Term, 1907, of the Superior Court of Eoesyth County. There was a verdict for the plaintiff and judgment on the verdict, and defendant excepted and appealed.

1Opinion of the CourtHoice, J.

This case was before us on a former appeal, and was sent back for a new trial of the issue as to damages. See Lemly v. Ellis, 143 N. C., 200. The action was for breach of warranty, in the sale and conveyance of realty, on the part of defendant to plaintiff, and it appears that defendant sold and conveyed to plaintiff eight tracts of land for an entire consideration of $3Y,000, a part of which’was in money and another part in bonds. The title to one of the tracts proving to be defective, the present action was instituted and, defendant being a nonresident, an attachment was issued and levied…

2Cases cited6 opinions

  1. Price v. . DealSupreme Court of North Carolina · 1884
  2. Nicholson v. . CoxSupreme Court of North Carolina · 1880
  3. Adams v. . ThomasSupreme Court of North Carolina · 1879
  4. In the Matter of LathamSupreme Court of North Carolina · 1846
  5. Lemly v. EllisSupreme Court of North Carolina · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State Ex Rel. Deeb v. FabisinskiSupreme Court of Florida · 1933
  2. Guardianship of CornazCalifornia Supreme Court · 1937
  3. Newbern v. . HintonSupreme Court of North Carolina · 1925
  4. Sprinkle v. City of ReidsvilleSupreme Court of North Carolina · 1952
  5. In Re DenissonWashington Supreme Court · 1938

9 more not listed; retrieve them via the Exa API.

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