Armour Fertilizer Works v. Aiken
Supreme Court of North Carolina
. Civil actioh, beard on appeal from tbe City Court of Raleigb and on demurrer of plaintiff to defendant’s counterclaim and further defense before Lyon, J., at October Term, 1917, of Wake.
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. Civil actioh, beard on appeal from tbe City Court of Raleigb and on demurrer of plaintiff to defendant’s counterclaim and further defense before Lyon, J., at October Term, 1917, of Wake. The action was instituted in the City Court and was to recover the amount of a promissory note for $458.04, bearing date 1 May, 1916, and due on or before 1 October, 1916. After the direct promise to pay the amount of said note and interest, the same proceeded as follows: The consideration of this note is: 100 sacks 8-3-2.sacks. 40 sacks cotton-seed meal, 7% cents, .sacks. 3 sacks nitrate of soda, 18 cents…
1Opinion of the Court
Hoke, J.,
after stating the facts: It is the accepted position here and elsewhere that, subject to a few recognized exceptions, an express warranty in an executed contract of sale will exclude one that is ordinarily implied where the two are of the same general nature or refer to the same or closely related subjects or qualities in the thing sold. Guano Co. v. Live Stock Co., 168 N. C., 443; Piano Co. v. Kennedy, 152 N. C., 196; DeWitt v. DeBerry et al., 134 U. S., 306, and see an instructive editorial note on the subject in 33 L. R. A. (N. S.), 501, case of Loxtercamp v. Lineker Implement…
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- De Witt v. BerrySupreme Court of the United States · 1890
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- Carter v. . McGillSupreme Court of North Carolina · 1915
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