Tomlinson & Co. v. Morgan
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at February Term, 1914, of WlLSON. Civil action to recover tbe contract price of certain fertilizers sold by plaintiff to defendant in 1907 for use on defendant’s farm for tbat year and to foreclose a mortgage on certain personal property to secure tbe debt.
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Appeal by plaintiff from Justice, J., at February Term, 1914, of WlLSON. Civil action to recover tbe contract price of certain fertilizers sold by plaintiff to defendant in 1907 for use on defendant’s farm for tbat year and to foreclose a mortgage on certain personal property to secure tbe debt. Defendant, admitting tbe amount and tbe execution of mortgage, set up a counterclaim and offered evidence tending to sbow tbat tbe-guano in question was sold by plaintiff to defendant in 1907 for use on defendant’s tobacco crop for tbat year, and was so sold to defendant as “Dunnington Special,” a…
1Opinion of the CourtHoKE, J.
In Wren v. Morgan, 148 N. C., pp. 101 and 104, tbe Court said: “It is accepted law tbat, to bold a bargainor in a sale responsible for a warranty, it is not necessary tbat this should be given in express terms, but tbat an affirmation of a material fact, made by tbe seller at tbe time of tbe sale and as an inducement thereto and accepted and relied on by tbe buyer, will amount to a warranty,” citing Tiffany on Sales, p. 162; McKimmon v. McIntosh, 98 N. C., 89, and Horton v. Greene, 66 N. C., 596; and tbe Court further quoted from tbe opinion of Davis,. J., in McKimmon v. McIntosh, as follows:…
2Cases cited16 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Spencer v. . HamiltonSupreme Court of North Carolina · 1893
- Foard v. Atlantic & North Carolina Rail RoadSupreme Court of North Carolina · 1860
- McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Jones v. Union Guano Co.Supreme Court of the United States · 1924
- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
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