Huyett & Smith Manufacturing Co. v. Gray
Supreme Court of North Carolina
PbtitioN of defendant to rebear. Case decided February Term, 1899, and reported in 124 N. O., 322. 1. Tbat tbe defendant bas paid tbe costs adjudged against him in this action at tbe February Term, 1899, of this Court. 2. Tbat be--is advised and believes tbat tbe decision of this Court — reported 124-322- — was erroneous in law in so far as it held, as applied to- this action, tbat “tbe measure of damages is tbe difference between tbe price paid, or agreed to be paid, and…
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PbtitioN of defendant to rebear. Case decided February Term, 1899, and reported in 124 N. O., 322. 1. Tbat tbe defendant bas paid tbe costs adjudged against him in this action at tbe February Term, 1899, of this Court. 2. Tbat be--is advised and believes tbat tbe decision of this Court — reported 124-322- — was erroneous in law in so far as it held, as applied to- this action, tbat “tbe measure of damages is tbe difference between tbe price paid, or agreed to be paid, and tbe real or true value of tbe property received,” and that the Court should have held that the measure of damages “was the…
1Opinion of the CourtFurches, J.
This case was before us at February Term, 1899, and is reported in 124 N. C., 322. It is here now on a petition to rehear, restricted to a discussion of the measure of damages.
AArhen it was here before the defendant’s answer contained the following paragraph: “5. That if said apparatus and machinery had been as warranted, it would have been reasonably worth the sum of $2,331, whereas the said machinery, in the condition as it was, in reality was worth nothing.”
The plaintiff filed a replication to the defendant’s answer, setting up a counterclaim for damages, for breach of warranty, and on the…
2Cases cited2 opinions
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Manufacturing Co. v. . GraySupreme Court of North Carolina · 1899
3Cited by11 opinions
- United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1988
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
- Kayler v. GallimoreSupreme Court of North Carolina · 1967
- Huyett-Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1901
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