Moore v. . Piercy
Supreme Court of North Carolina
This was an action of assumpsit, tried before Judge .Ellis, at the Fall Term, 1853, of the Superior Court for the County of Chowan. The plaintiff declared for $25, the sum alleged to be due from defendant, upon an exchange of horses. Plea: Won assumpsit. The defendant agreed to give his own horse and twenty-' five dollars for the horse of the plaintiff, provided the latter was a No. 1 farm horse.
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This was an action of assumpsit, tried before Judge .Ellis, at the Fall Term, 1853, of the Superior Court for the County of Chowan. The plaintiff declared for $25, the sum alleged to be due from defendant, upon an exchange of horses. Plea: Won assumpsit. The defendant agreed to give his own horse and twenty-' five dollars for the horse of the plaintiff, provided the latter was a No. 1 farm horse. That he would try him for two -days, at the end of which time the horse was to be returned, if he did not suit. The defendant received the horse, worked him, and did not return him. The horse proved…
1Opinion of the CourtBattle, J.
The plaintiff was, in our opinion, entitled to the instructions which he .prayed, and his. Honor erred in refusing to give them. These instructions were, so far as the defendant could be affected by them, substantially the same, and were clearly required by the testimony. There was nothing in the case to show that if the defendant kept the plaintiff’s horse, beyond the day allowed for trying him, he was not, on account of his proving unsound, to pay the twenty-five dollars, the agreed difference in the value of the two horses. On the contrary, the testimony showed that the plaintiff was to…
2Cited by1 opinion
- Frick Co. v. BolesSupreme Court of North Carolina · 1915