Murray Co. v. Ashley
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of, South Carolina, at Greenville; Henry H. Watkins, Judge* Action by the Murray Company against Joe M. H. Ashley. Judgment for the plaintiff for part only of amount sued for, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
In this action on promissory notes given for the balance of purchase money for machinery, the legal questions *505are the same as in Murray Co. v. S. A. Morgan and W. L. Bond, 280 Fed. 499, this day decided. The contracts are identical. On the issue of failure to give the notice required to make the warranty effective, the facts are somewhat different.
[1] The defendant began to use the machinery on October 8th. On October loth — less than 10 days thereafter — the defendant 'sent this telegram to the plaintiff:
“Send a man to look over engine and gin. Not satisfactory now.”
This…
2Cases cited1 opinion
- Murray Co. v. MorganCourt of Appeals for the Fourth Circuit · 1922