Lexington Grocery Co. v. Vernoy
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at Fall Term, 1914, of David-SON. Civil action tried upon this issue: Is defendant indebted to the plaintiff, and if so, in what amount? Answer: “Yes; $350.” From the judgment rendered, defendant appealed.
1DissentClark, C. J.
Civil action tried upon this issue:
Is defendant indebted to the plaintiff, and if so, in what amount? Answer: "Yes; $350."
From the judgment rendered, defendant appealed. We do not altogether approve of the form of the issue in this case, although it is not excepted to. The action is brought to (428) recover damages for a breach of warranty in the sale of a lot of red-marrow beans. In such cases it is better to have two issues: one relating to the warranty and the other to the damages.
The evidence for the plaintiff tends to prove that he purchased from the defendant and paid for in November,…
2Cases cited3 opinions
- W. F. Main Co. v. FieldSupreme Court of North Carolina · 1907
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
- Haynor Manufacturing Co. v. DavisSupreme Court of North Carolina · 1908
3Cited by9 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
- Hall Furniture Co. v. Crane Manufacturing Co.Supreme Court of North Carolina · 1915
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