Wiggins v. Pender.
Supreme Court of North Carolina
Agtion by J. II. Wiggins against Iames Pender, administrator of Join Armstrong, and others, beard by Judge Francis D. Winston, at October Term, 1902, of the Superior Court of Edgeoombe County.
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Agtion by J. II. Wiggins against Iames Pender, administrator of Join Armstrong, and others, beard by Judge Francis D. Winston, at October Term, 1902, of the Superior Court of Edgeoombe County. This action was brought to recover damages for the breach of a covenant of warranty and was. heard in the court below upon the following statement of facts agreed upon by the parties: On the 18th day of December, 1876, John Armstrong, the intestate of the defendant Pender, executed to Preston Justice and D. E. H. Justice, a deed for a certain tract of land lying in said State and County for the recited…
1Opinion of the Court
Walker, J.,
after stating the case. The argument in this case was confined to the first contention of the defendant, namely, that the plaintiff is not the assignee of the covenant contained in the deed from Armstrong to the Justices, as the covenant does not contain the word “assigns” and he can not therefore maintain this action for a breach of the same. This important question was discussed with much learning and ability, but the other exceptions were not argued by counsel, though they were not abandoned, and it is therefore our duty to consider and decide them in connection with the…
2Cases cited16 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Hubbard v. NortonSupreme Court of Connecticut · 1835
- Rickert v. SynderNew York Supreme Court · 1832
- Crisfield v. StorrCourt of Appeals of Maryland · 1872
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3Cited by22 opinions
- Hauser v. Craft.Supreme Court of North Carolina · 1904
- Sprinkle v. City of ReidsvilleSupreme Court of North Carolina · 1952
- Cover v. . McAdenSupreme Court of North Carolina · 1922
- Herring v. Wallace Lumber Co.Supreme Court of North Carolina · 1913
- Jones v. BalsleySupreme Court of North Carolina · 1910
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