Bland v. International Harvester Co.
Supreme Court of North Carolina
Appeal by plaintiff from a judgment of nonsuit by Bond, J., at May Term, 1915, of Chatham.
1Opinion of the Court
Clark, 0. J.
There is no allegation in tbe complaint of mutual mistake, or of fraud on tbe part of tbe defendant. Tbe plaintiff relies upon certain verbal warranties wbicb be alleges were made by tbe sales agent of tbe defendant, and not upon breach of any of tbe warranties in tbe written contract set out in tbe record, marked Exhibit I. This contract was put in evidence by tbe plaintiff himself.
This printed contract in large letters has at its bead these words: “Order for thresher, attachments, engine.” .Nothing is said therein, either in the headline or in the body of the contract, as to the…
2Cases cited4 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
3Cited by10 opinions
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- White v. Fisheries Products Co.Supreme Court of North Carolina · 1922
- J. A. Fay & Egan Co. v. CrowellSupreme Court of North Carolina · 1922
- Fay v. . CrowellSupreme Court of North Carolina · 1921
- Hollingsworth v. . Supreme CouncilSupreme Court of North Carolina · 1918
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