Legal Opinion

Peebles v. Patapsco Guano Co.

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 21 opinions

Civil ActioN for Damage^ tried at Spring Term, 1877, of-NorthamptoN Superior Court, before Buxton, J. The plaintiff complained that the defendant had contracted to deliver to him at Garysburg, N. C., sixteen tons of a •commercial fertilizer known as “ Patapsco Guano,” and that instead of delivering the said article, the defendant delivered a spurious article, which defendant’s agent falsely and fraudulently represented to be the genuine -Patapsco Guano, .and by reason…

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Civil ActioN for Damage^ tried at Spring Term, 1877, of-NorthamptoN Superior Court, before Buxton, J. The plaintiff complained that the defendant had contracted to deliver to him at Garysburg, N. C., sixteen tons of a •commercial fertilizer known as “ Patapsco Guano,” and that instead of delivering the said article, the defendant delivered a spurious article, which defendant’s agent falsely and fraudulently represented to be the genuine -Patapsco Guano, .and by reason thereof he was damaged to the amount of $475. Upon the question of damages, the plaintiff proved that the defendant had…

1Opinion of the CourtRodman, J.

The plaintiff alleges that he purchased of the defendant, sixteen tons of an article well known to the trade by the name of Patapsco Guano; that the article which he received was not what was known in the trade as Pa.tap-.•sco Guano, but a different and worthless article; that on «each bag of the article which he received there was printed what purported to be a chemical analysis of the article, purporting to give the percentage of ammonia, phosphate, &c., in the article, but that this representation wTas false and •fraudulent, and that the article delivered did not contain the percentage…

2Cited by21 opinions

  1. White v. Consolidated Planning, Inc.Court of Appeals of North Carolina · 2004
  2. Furst v. . MerrittSupreme Court of North Carolina · 1925
  3. Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
  4. Furst & Thomas v. MerrittSupreme Court of North Carolina · 1925
  5. Thrower v. Coble Dairy Products Co-Operative, Inc.Supreme Court of North Carolina · 1958

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