Parker v. Fenwick.
Supreme Court of North Carolina
ActioN by C. W. Parleer v. J-. B. Fenwick, heard by Judge E. B. Jones and a jury at the December Term, 1901, of the Superior Oonrt of Forsyth: County. From a judgment for the defendant, the plaintiff appealed. Plaintiff, being a resident of Kansas, sold to the defendant, a resident of Forsyth County, in this State, one merry-go-round with attachments, for the sum of $2,000, defendant paying $1,000 cash and giving his promissory notes payable monthly, for the balance.
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ActioN by C. W. Parleer v. J-. B. Fenwick, heard by Judge E. B. Jones and a jury at the December Term, 1901, of the Superior Oonrt of Forsyth: County. From a judgment for the defendant, the plaintiff appealed. Plaintiff, being a resident of Kansas, sold to the defendant, a resident of Forsyth County, in this State, one merry-go-round with attachments, for the sum of $2,000, defendant paying $1,000 cash and giving his promissory notes payable monthly, for the balance. To secure said notes defendant executed a chattel mortgage on the property. A contract was made by correspondence between the…
1Opinion of the Court
Connor, J.,
after stating the facts: We have carefully read the correspondence which constitutes the contract between plaintiff and defendant. We fail to find any suggestion from defendant that the machine was not as represented by plaintiff, except that in his letter of April 13, 1901, he mentioned that some injury was done to the organ by the movement of the engine on the cars; that there was no flag pole or pulleys and that the outfit was short two tent poles. After mentioning these, he says: “I had great trouble in putting the machine up and getting it to run a ’track, but have overcome…
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