Dr. Shoop Family Medicine Co. v. Davenport
Supreme Court of North Carolina
Appeal by plaintiff from 0. H. Allen, J., at March Term, 1913, of Pitt. This is an action to recover the price of certain medicines alleged to have been sold- and delivered to tbe defendant. The indebtedness is denied by him.
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Appeal by plaintiff from 0. H. Allen, J., at March Term, 1913, of Pitt. This is an action to recover the price of certain medicines alleged to have been sold- and delivered to tbe defendant. The indebtedness is denied by him. It appears that plaintiff sold and shipped the goods to defendant, who sold -some of them to different customers, amounting to $8.45, and finding that the medicines were worthless, he refunded the money to some of his customers who had bought from him, and returned the rest of the medicines by freight to plaintiff, with a bill of lading for same and a check for the…
1Opinion of the Court
Walker, J.,
after stating .the case: The court properly rejected the evidence as to the parol agreement of the plaintiff’s agent. The contract could not be contradicted or varied in this way. Medicine Co. v. Mizell, 148 N. C., 384, and cases cited. But defendant relies upon the principle that when the plaintiff sold the -goods to him, it impliedly represented that they were fit for the use for which they were intended,' or that they were merchantable, and that this representation turned out to be untrue, for they were not only not merchantable, but worthless, to the knowledge of the plaintiff.…
2Cases cited19 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Bissell v. HeywardSupreme Court of the United States · 1878
- Blalock v. Clark.Supreme Court of North Carolina · 1904
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Performance Motors, Incorporated v. AllenSupreme Court of North Carolina · 1972
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Aldridge Motors, Inc. v. . AlexanderSupreme Court of North Carolina · 1940
12 more not listed; retrieve them via the Exa API.