Beasley v. Surles.
Supreme Court of North Carolina
ActioN by G. M. Beasley against D. H. Surles, beard on appeal from a justice of the peace, by Judge M. H. Justice and a jury, at the September Term, 1905, of the Superior Court of Johnston. Prom a judgment for the plaintiff, the defendant appealed. Plaintiff brought suit against defendant on account of a note for one hundred and forty-five dollars executed by defendant, payable to plaintiff, consideration being the purchase of one mare.
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ActioN by G. M. Beasley against D. H. Surles, beard on appeal from a justice of the peace, by Judge M. H. Justice and a jury, at the September Term, 1905, of the Superior Court of Johnston. Prom a judgment for the plaintiff, the defendant appealed. Plaintiff brought suit against defendant on account of a note for one hundred and forty-five dollars executed by defendant, payable to plaintiff, consideration being the purchase of one mare. Defendant admitted the execution of the note and pleaded, by way of counterclaim and set off, that plaintiff warranted the horse to be sound and in good…
1Opinion of the Court
Connor, J.,
after stating the case: Defendant, by way of a counterclaim, alleged a warranty and breach thereof and deceit. At the close of the evidence, His Honor having intimated that he would instruct the jury, which he afterwards did, that there was no evidence of warranty, defendant’s counsel did not tender an issue upon that question. Among the exceptions to the charge are the following: “1. That His Honor erred in refusing to submit to the jury an issue as to whether the plaintiff warranted the mare to the defendant in making the sale. 2. That His Honor erred in holding at the conclusion…
2Cases cited3 opinions
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