Dockery v. Fairbanks-Morse Co.
Supreme Court of North Carolina
Appeal by plaintiff from Adams, J., at March Term, 1916, of Eich-MOND.
1Opinion of the CourtClark, C. J.
The complaint alleged damages by reason of false representations and breach of guarantees in a contract for the sale of an engine. The case came on for trial at September Term, 1916. The evidence tending to show fraud in the sale of the engine and in procuring the contract, Carter, J., ordered a mistrial and permitted the plaintiff to file an amended complaint. When the cause came on again for trial at March Term, 1916, before Adams, J., counsel for the defendant moved to strike out the amended complaint for the reason that it set up a new cause of action. The motion was allowed and the…
2Cases cited9 opinions
- May v. Stimson Lumber Co.Supreme Court of North Carolina · 1896
- Wilson v. . LinebergerSupreme Court of North Carolina · 1880
- Cowles v. CowlesSupreme Court of North Carolina · 1897
- Alexander v. . AlexanderSupreme Court of North Carolina · 1897
- Pritchard v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Calloway v. Ford Motor CompanySupreme Court of North Carolina · 1972
- State v. . LeaSupreme Court of North Carolina · 1932
- Caldwell v. . CaldwellSupreme Court of North Carolina · 1925
- Wellons v. . LassiterSupreme Court of North Carolina · 1931
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
17 more not listed; retrieve them via the Exa API.