Ferrell v. . Hales
Supreme Court of North Carolina
Civil actioN, tried at January Term, 1896, of Durham Superior Court, being for damages for breach of warranty in the sale of a lot of tobacco by the- defendant to the plaintiffs.
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Civil actioN, tried at January Term, 1896, of Durham Superior Court, being for damages for breach of warranty in the sale of a lot of tobacco by the- defendant to the plaintiffs. The issues submitted and the responses were as follows : “ 1. Did the defendant warrant that his crop of tobacco sold to the plaintiffs contained 22 bulks of fine wrappers? Ans., ‘ No.’ “2. Was there a breach of said warranty? Ans., ‘ No.’ “ 3. Did the defendant represent to the plaintiffs that his crop of tobacco contained 22 bulks of bright wrappers ? Ans., £ Yes.’ “4. Was such representation false? Ans., ‘ Yes.’…
1Opinion of the Court
OlaRX, J.:
There are two appeals in this case, one from tire judgment entered by the clerk upon the verdict, and the other from the judgment rendered by the judge at the next term, nun o pro tune, but for convenience both can be disposed of together.
The verdict was rendered at 11:40 p. m. Saturday of the second week. This case differs from Delafield v. Construction Co., 115 N. C., 21, in that the judge had not left the court, and though he was not in the court room in person when the verdict was rendered, it was received by the clerk, by consent of parties, and was therefore a valid judgment…
2Cases cited14 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Coor v. . SmithSupreme Court of North Carolina · 1890
- Delafield v. Lewis Mercer Construction Co.Supreme Court of North Carolina · 1894
- State v. . AustinSupreme Court of North Carolina · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Lee v. . RhodesSupreme Court of North Carolina · 1947
- Brown v. HardingSupreme Court of North Carolina · 1915
- McDonald v. . HoweSupreme Court of North Carolina · 1919
22 more not listed; retrieve them via the Exa API.