Unitype Co. v. Ashcraft Bros.
Supreme Court of North Carolina
Appeal from W. R. Allen, J., at the November Term, 1910. of UNION. Tbis action was brought to recover the amount of eight notes, each for $25, given in part payment of the purchase price ($1,150) promised by the defendants to be paid to plaintiff for a Simplex Typesetting Machine, No. 2. G. H. Lombard, an expert machinist and inventor of this machine, was sent by the plaintiffs to close the contract with the defendants, who were printers and publishers of a newspaper at…
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Appeal from W. R. Allen, J., at the November Term, 1910. of UNION. Tbis action was brought to recover the amount of eight notes, each for $25, given in part payment of the purchase price ($1,150) promised by the defendants to be paid to plaintiff for a Simplex Typesetting Machine, No. 2. G. H. Lombard, an expert machinist and inventor of this machine, was sent by the plaintiffs to close the contract with the defendants, who were printers and publishers of a newspaper at Monroe, N. 0. He represented to them, as defendants allege and there was evidence to prove: “1. That Simplex No. 2 was an…
1Opinion of the CourtWaleeR, J.
There have recently been several cases of this kind before the Court, and we have held that while expressions of opinion by a seller, amounting to nothing more than mere commendation of his goods — puffing his wares, as it is sometimes called — or extravagant statements as to value or quality or prospects, are not, as a rule, to be regarded as fraudulent in law, yet “when assurances of value are seriously made, and are intended and accepted and reasonably relied upon as statements of fact, inducing a contract, they may be so considered in determining whether there has been a fraud…
2Cases cited13 opinions
- Cooper v. SchlesingerSupreme Court of the United States · 1884
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Modlin v. Roanoke Railroad & Navigation Co.Supreme Court of North Carolina · 1907
- Etheridge and Another v. . Palin and Wife .Supreme Court of North Carolina · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fox v. Southern Appliances, Inc.Supreme Court of North Carolina · 1965
- Machine Co. v. . FeezerSupreme Court of North Carolina · 1910
- McCaskey Register Co. v. BradshawSupreme Court of North Carolina · 1917
- Ramsey v. . WallaceSupreme Court of North Carolina · 1888
- Fox v. Southern Appliances, Inc.Supreme Court of North Carolina · 1965
1 more not listed; retrieve them via the Exa API.