Hardie-Tynes Manufacturing Co. v. Easton Cotton Oil Co.
Supreme Court of North Carolina
ActioN tried before Ward, J., at Fall Term, 1908, of Per-quimans. Plaintiff appealed. Tbis action was brought to recover damages for a breach of contract in the sale of an engine by the plaintiff to the defendant. It appears that the plaintiff ag’reed to sell and deliver to the defendant a Corliss engine of a certain description and weight, and that the engine, which was delivered under the contract, was not of that description or weight and was defective in other respects.
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ActioN tried before Ward, J., at Fall Term, 1908, of Per-quimans. Plaintiff appealed. Tbis action was brought to recover damages for a breach of contract in the sale of an engine by the plaintiff to the defendant. It appears that the plaintiff ag’reed to sell and deliver to the defendant a Corliss engine of a certain description and weight, and that the engine, which was delivered under the contract, was not of that description or weight and was defective in other respects. The contract contains the following clause: Warranty. — It is understood and agreed that the foregoing specifications…
1Opinion of the Court
Walker, J.,
after stating the case: The principal question in this case, and, indeed, the only one necessary to be considered by us, relates to that part of the charge of the court upon the measure of damages to which the plaintiff excepted, namely, “that the measure of defendant’s damages is the difference, if the jury should find there was a difference, between the value of the engine received and what it would have cost the defendant to purchase such an engine as that described in the contract and warranty in the case.” After giving this charge, the court fully instructed the jury as to the…
2Cases cited6 opinions
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
- Huyett & Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1900
- Huyett-Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Hawkins v. McGeeSupreme Court of New Hampshire · 1929
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Sprout v. . WardSupreme Court of North Carolina · 1921
- Sellinger v. Freeway Mobile Home Sales, Inc.Court of Appeals of Arizona · 1973
1 more not listed; retrieve them via the Exa API.