Chas. Hackley Piano Co. v. Kennedy
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at November Term, 1909, of LENOIR. Tbis action is brought to recover balance due on a contract for the sale of a piano. The defendants pleaded a counterclaim, based upon an alleged breach of -a contract of warranty, in writing as follows: “This is to certify that pianoforte style ‘S,’ mahog.
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Appeal from 0. H. Allen, J., at November Term, 1909, of LENOIR. Tbis action is brought to recover balance due on a contract for the sale of a piano. The defendants pleaded a counterclaim, based upon an alleged breach of -a contract of warranty, in writing as follows: “This is to certify that pianoforte style ‘S,’ mahog. No. 29997, is hereby warranted for the term of five years from the date of its manufacture, and should the instrument with proper care and use prove defective in material or workmanship (the effects of extreme heat, cold or dampness excepted), we agree to put the same in good…
1Opinion of the CourtBkown, J.
Although there are twenty-three exceptions in the record, all relating to the second issue, it is apparent from the briefs that there is only one contention presented in the record which we need consider.
The ground upon which plaintiff relies to defeat the defendant’s counterclaim is, that under the terms of the warranty, before they can successfully claim damages for any breach thereof and as a condition precedent, it must appear that defendants have given the plaintiff notice of the alleged breach of warranty and defect in the instrument, and that the plaintiff has had a reasonable…
2Cases cited1 opinion
- Main v. Griffin.Supreme Court of North Carolina · 1906
3Cited by17 opinions
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- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
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