Hanes v. Shapiro
Supreme Court of North Carolina
Appeal by defendants from Harding, J., at May Special Term, 1914, of Foestth. Tbe plaintiff alleges tbat be purchased a lot of furniture from tbe defendant with a warranty for twelve months against defects as to workmanship and material. Among this furniture was a sideboard, for which he paid about $177. The furniture was delivered, and about thirty days after its receipt, and before the defects appeared, the plaintiff, paid the purchase price for all of -the furniture.
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Appeal by defendants from Harding, J., at May Special Term, 1914, of Foestth. Tbe plaintiff alleges tbat be purchased a lot of furniture from tbe defendant with a warranty for twelve months against defects as to workmanship and material. Among this furniture was a sideboard, for which he paid about $177. The furniture was delivered, and about thirty days after its receipt, and before the defects appeared, the plaintiff, paid the purchase price for all of -the furniture. Within a year, however, defects, both as to workmanship and material, did appear in one piece of the furniture purchased,…
1Opinion of the Court
Walker, J.,
after stating tbe facts: Tbe case was tried below upon tbe wrong- theory. When tbe sideboard was found to be defective in construction and material, tbe plaintiff could bave stood upon bis rights, under tbe warranty, and recovered bis damages. But it was a question of election, and be chose to waive bis right to sue upon tbe express covenant of warranty, and to allow this defendant to make good bis warranty and to satisfy any damages that might home been recovered thereon, by repairing or restoring tbe sideboard so as to make it correspond with tbe thing warranted. It is such a…
2Cases cited4 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- York v. Westall.Supreme Court of North Carolina · 1906
- Henderson v. . BessentSupreme Court of North Carolina · 1873
3Cited by55 opinions
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
- Chesapeake & Ohio Railway Co. v. Thompson Manufacturing Co.Supreme Court of the United States · 1926
- Scafidi v. Western Loan & Building Co.California Court of Appeal · 1946
- Beck v. Wilkins-Ricks Co.Supreme Court of North Carolina · 1920
- Sorrell v. WhiteSupreme Court of Vermont · 1931
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