Blacknall v. . Rowland
Supreme Court of North Carolina
PetitipN of defendants to rehear case between same parties reported in 116 N. 0., 384. The petition to rehear was accompanied by the certificate of Hon. M. Y. Lanier, of Oxford, which was as follows : u This is to certify that, by request of defendant’s counsel, in the case of W. 0. Blacknall against W. H. Rowland, et al., from the County of Durham, decided in the Supreme Court of North Carolina, at February Term, 1895, I have carefully examined the ease and the law bearing…
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PetitipN of defendants to rehear case between same parties reported in 116 N. 0., 384. The petition to rehear was accompanied by the certificate of Hon. M. Y. Lanier, of Oxford, which was as follows : u This is to certify that, by request of defendant’s counsel, in the case of W. 0. Blacknall against W. H. Rowland, et al., from the County of Durham, decided in the Supreme Court of North Carolina, at February Term, 1895, I have carefully examined the ease and the law bearing upon the same, and the case in 108 N. C. R., p. 554, cited in the opinion of the Court, and that, in my opinion, the…
1Opinion of the Court
Clark, J.:
This is a petition to rehear the case in 116 N. 0., 389, where the contract is set out in full. It was an executed contract reciting that one party “ proposes to sell” and the other “ agrees to buy.” Further, the seller gave a warranty. And as an additional safeguard there was a further clause, in the nature of a defeasance, that the buyer might have the representations examined into. As pointed ont by MeeRimoN, 0. J., when this case was here the first time,'(108 N. C., 554,) this last was a privilege to the buyer, which he could exercise or not as he chose. He might waive it and…
2Cases cited2 opinions
- Herndon v. Imperial Fire InsuranceSupreme Court of North Carolina · 1892
- Blacknall v. . RowlandSupreme Court of North Carolina · 1891
3Cited by1 opinion
- Wrenn v. . MorganSupreme Court of North Carolina · 1908