Manufacturing Co. v. . Gray
Supreme Court of North Carolina
Civil ActioN for recovery of a No. 80 Smith Dry Kiln 'Hot Blast Apparatus and machinery, tried before Brown, J., May Term, 1898, of the Superior Court of CbaveN County, being the same cause heretofore tried and reported in 111 N. C., 87 and 92, on appeal of both plaintiff and defendant. The contract price was $2,337, to be paid in different instalments.
Read the full summary
Civil ActioN for recovery of a No. 80 Smith Dry Kiln 'Hot Blast Apparatus and machinery, tried before Brown, J., May Term, 1898, of the Superior Court of CbaveN County, being the same cause heretofore tried and reported in 111 N. C., 87 and 92, on appeal of both plaintiff and defendant. The contract price was $2,337, to be paid in different instalments. The sale was with warranty that the apparatus and machinery, with proper management and careful usage, would perform well, and thoroughly dry 25,000 feet of one-inch green sap pine lumber every twenty-four hours. The machinery was to be…
1Opinion of the Court
Fueohbs^ J.
It seems to us that this action was brought without a very clear conception of the rights of the plaintiff, and the complaint is so defective in stating the cause of action that it would have been difficult to reach the merits of the case but for the aid received from the defendant’s answer, which makes the contract between plaintiff and defendant, under which defendant purchased the property in controversy, a part of his answer.
From this contract it appears that on the 11th of April, 1888, the defendant purchased of the plaintiff a “No. 80 Smith Dry-Kiln Hot Blast Apparatus” at…
2Cases cited2 opinions
- Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
- Huyett & Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1892
3Cited by15 opinions
- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
- Robinson v. . HuffstetlerSupreme Court of North Carolina · 1914
- Hendrix v. B & L Motors, Inc.Supreme Court of North Carolina · 1955
- Food Co. v. . ElliottSupreme Court of North Carolina · 1909
- Huyett & Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1900
10 more not listed; retrieve them via the Exa API.