Legal Opinion
Kester Bros. v. Miller Bros.
Supreme Court of North Carolina
Decided September 5, 1896PublishedCited by 20 opinions
Civil aotioN, tried before Bvown, J., and a jury, at January Term, 1896, of Forsyth Superior Court. The nature of the action and the facts are fully stated in the opinion of Associate Justice Montgomery.
1Opinion of the Court
MONTGOMERY, J.:
The plaintiffs sold with a warranty as to quality and finish to the defendants an engine of a certain description, and delivered the same. There appeared a defect in the machine after it was put in operation and complaint was made to the plaintiffs. The plaintiffs agreed to remedy the fault and began the work. Upon the payment to the plaintiffs on August 7, 1893, the plaintiffs executed to the defendants a receipt expressed as follows:
“ Received of Miller Bros, three hundred and eleven dollars and 97-100,' part payment on engine and boiler, balance of $1,638.07 to be paid when…
2Cases cited3 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Spiers v. . Halstead, Haines Co.Supreme Court of North Carolina · 1876
- Cox, Trustees v. . LongSupreme Court of North Carolina · 1873
3Cited by20 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Southern California Enterprises, Inc. v. D. N. & E. Walter & Co.California Court of Appeal · 1947
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Finch v. . GreggSupreme Court of North Carolina · 1900
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