Huyett & Smith Manufacturing Co. v. Gray
Supreme Court of North Carolina
Civil ACTION, tried at Spring Term, 1892, of Craven Superior Court, Winston, J, presiding. PLAIN TIFF’S APPEAL. The action was brought to recover certain machinery. A jury trial was waived and the Court found the facts as follows: The property was sold and delivered to the defendant by the plaintiff under a contract hereinafter set out. It was admitted that the defendant had paid $100 on the purchase-money and $100 freight on the property.
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Civil ACTION, tried at Spring Term, 1892, of Craven Superior Court, Winston, J, presiding. PLAIN TIFF’S APPEAL. The action was brought to recover certain machinery. A jury trial was waived and the Court found the facts as follows: The property was sold and delivered to the defendant by the plaintiff under a contract hereinafter set out. It was admitted that the defendant had paid $100 on the purchase-money and $100 freight on the property. The plaintiff offered evidence to show that the defendant had used the property from the time of its delivery to him, that the property had been greatly…
1Opinion of the Court
Claek, J.:
The purchaser of the machinery, by the terms of the contract, had a reasonable time after he received it to make known its defects. But he seems to have kept and used, the machinery without complaint for some length of time, indeed until the plaintiff sought to recover the property under the contract because of failure to pay for it. If the objection was not made known within reasonable time, and the purchaser continued to use the machinery without objection, this was a ratification. If the plaintiff then proceeded to recover th > prop u’ty, it was entitled t) claim the forfeiture…
2Cited by8 opinions
- Coca-Cola Bottling Co. of Henderson v. MunnCourt of Appeals for the Fourth Circuit · 1938
- Manufacturing Co. v. . GraySupreme Court of North Carolina · 1899
- H., R. McC. v. W., L. Co.California Court of Appeal · 1906
- Food Co. v. . ElliottSupreme Court of North Carolina · 1909
- Harron, Rickard & McCone v. Wilson, Lyon & Co.California Court of Appeal · 1906
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