Wrenn v. . Morgan
Supreme Court of North Carolina
ActioN to recover on a note for $6,000 anti interest, given by defendants to plaintiff for one-third interest in a furniture factory which plaintiff and defendants had owned in common, in equal proportion, tried before Peebles, J., and a jury, at September Term, 1901, of McDowell.
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ActioN to recover on a note for $6,000 anti interest, given by defendants to plaintiff for one-third interest in a furniture factory which plaintiff and defendants had owned in common, in equal proportion, tried before Peebles, J., and a jury, at September Term, 1901, of McDowell. Defendants, admitting tbe execution of the note, set up by way of counterclaim a demand for damages for false and fraudulent representations of the plaintiff as to the amount of the company’s indebtedness at the time of the trade, and for breach of warranty as to such indebtedness. At the close of the testimony the…
1Opinion of the Court
Hoke, I.,
after stating the case: It is established beyond question that there was a mistake as to the amount of the company’s indebtedness existing at the time of the sale, and that the trade by which plaintiff’s interest was purchased was made on the basis of an existing indebtedness of $692.43, whereas in truth and in fact it was over $2,000, and that this excess has been paid by the defendants after they had bought out plaintiff’s interest. As this, however, is not an effort on the part of defendants to set aside the sale for mistake, it is required, to sustain the counterclaim, that…
2Cases cited10 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Hopkins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
- Baum v. . StevensSupreme Court of North Carolina · 1842
- John Horton v. . Elijah GreenSupreme Court of North Carolina · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Performance Motors, Incorporated v. AllenSupreme Court of North Carolina · 1972
- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
- STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
- Styron v. Loman-Garrett Supply CompanyCourt of Appeals of North Carolina · 1969
- Winn v. . FinchSupreme Court of North Carolina · 1916
5 more not listed; retrieve them via the Exa API.