Hall Furniture Co. v. Crane Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant. from Devin, J., at November Term, 1914, of. G-uileoed. Action to recover $100 which the plaintiff paid to the defendant as the purchase price of a second-hand hearse which was shipped to the plaintiff after the payment of the money and before he had seen the hearse. The plaintiff refused to accept the hearse because, as he alleged, it was worthless. The contract of sale was entered into by correspondence.
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Appeal by defendant. from Devin, J., at November Term, 1914, of. G-uileoed. Action to recover $100 which the plaintiff paid to the defendant as the purchase price of a second-hand hearse which was shipped to the plaintiff after the payment of the money and before he had seen the hearse. The plaintiff refused to accept the hearse because, as he alleged, it was worthless. The contract of sale was entered into by correspondence. On 27 February, 1913, plaintiff wrote the defendant: “We are in the market for a good second-hand funeral car — light weight preferred.” On 1 March, 1913, defendant…
1Opinion of the CourtAlleN, J.
It was decided in Ashford v. Shrader, 161 N. C., 48, that although there is no implied warranty as to quality in tbe sale of personal property, tbe seller is held to the duty of furnishing property in compliance with tbe contract of sale — that is, at least merchantable or salable; and to this we may add that it shall be capable of being used, if intended for use.
This decision and others of like import in our reports (Medicine Co. v. Davenport, 163 N. C., 297; Tomlinson v. Morgan, 166 N. C., 557; Grocery Co. v. Vernoy, 167 N. C., 427) rest upon tbe presumption that both buyer arid seller are…
2Cases cited4 opinions
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
- Lexington Grocery Co. v. VernoySupreme Court of North Carolina · 1914
- Ervin v. First National BankSupreme Court of North Carolina · 1912
3Cited by15 opinions
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- 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
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
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