Williamson v. . Holt
Supreme Court of North Carolina
ActioN tried before Gouncill, and a jury, at September Term, 1907, of Alamance. Tbis is an action to recover $1,050, tbe amount of a bond given by tbe defendant on 29 February, 1904, for an ice plant. Defendant, 'in bis answer, admitted tbe execution of tbe bond, but denied any liability upon it, and set up a counterclaim on the ground that it was obtained by false and fraudulent representations as to the condition and capacity of tbe plant.
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ActioN tried before Gouncill, and a jury, at September Term, 1907, of Alamance. Tbis is an action to recover $1,050, tbe amount of a bond given by tbe defendant on 29 February, 1904, for an ice plant. Defendant, 'in bis answer, admitted tbe execution of tbe bond, but denied any liability upon it, and set up a counterclaim on the ground that it was obtained by false and fraudulent representations as to the condition and capacity of tbe plant. Tbe defendant himself testified: “Q. Tbe first conversation that you bad with anybody concerning tbis ice plant was with Mr. Meecbum ? “A. Yes, sir; that…
1Opinion of the CourtWalioee, J.
Tbe evidence in tbe record is quite voluminous, but fortunately it is not necessary to state even tbe substance of it in order to a correct understanding of tbe case. At tbe time of tbe sale of tbe plant tbe plaintiff stated to tbe defendant that if be would make some repairs it would turn out about 4,400 pounds of ice a day. There was also evidence that tbe plant bad produced as much as that before tbe sale. Tbe defendant lived in Burlington, where tbe ice plant was. Before be and Nicholson purchased it they made two visits to tbe ice factory for tbe purpose of making an examination of tbe…
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