Love v. . Miller
Supreme Court of North Carolina
Contract— Warranty— Waiver. This was a civil actioN, tried before Clark, J., at Spring Term, 1889, of Gaston Superior Court, and was brought to recover damages of the defendants for an alleged breach of contract in the sale of 100 bales of cotton to plaintiffs.
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Contract— Warranty— Waiver. This was a civil actioN, tried before Clark, J., at Spring Term, 1889, of Gaston Superior Court, and was brought to recover damages of the defendants for an alleged breach of contract in the sale of 100 bales of cotton to plaintiffs. The plaintiff, R. C. G. Love swore that his firm, doing business in Gastonia, N. C., had contracted to supply certain cotton mills with cotton; that the firm ordered 100 bales of cotton from the defendants, to be of the average grade of “middling” or above, and no part of the same to grade below “low middling and nice, good stains or…
1Opinion of the CourtShepherd, J.
This appeal presents for our consideration the following questions:
1. Was there a warranty as to the quality of the cotton?
The defendants contracted to sell and deliver to the plaintiffs’ order one hundred bales of cotton “to be of the average grade of middling and nice, good stains or tinges, and not more than one bale in four to be as low as that.”
That this is a warranty is well settled by the case of Lewis v. Rountree, 78 N. C., 323, in which the following language of Miller, J., in Jones v. Just, L. R. 3 Q. B., 197, was approved. “ In general, on the sale of goods by a particular…
2Cases cited2 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Whitaker v. McCormickMissouri Court of Appeals · 1878
3Cited by12 opinions
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- Finch v. . GreggSupreme Court of North Carolina · 1900
- Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
- Northwestern Cordage Co. v. RiceNorth Dakota Supreme Court · 1896
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