Winn v. . Finch
Supreme Court of North Carolina
Appeal from Peebles, Jat August Term, 1915, of FeaNkliN. Plaintiff brought this action to recover damages, for a breach of warranty in the sale of a horse. He alleged that defendants, who dealt in live stock at Henderson, N. C., had tried to sell him a horse, but they had no horse that suited him, and promised to let him know when they got one of the kind he wanted. In March, 1914, Mr. Finch told him that he had the very horse he wanted and that he would suit exactly.
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Appeal from Peebles, Jat August Term, 1915, of FeaNkliN. Plaintiff brought this action to recover damages, for a breach of warranty in the sale of a horse. He alleged that defendants, who dealt in live stock at Henderson, N. C., had tried to sell him a horse, but they had no horse that suited him, and promised to let him know when they got one of the kind he wanted. In March, 1914, Mr. Finch told him that he had the very horse he wanted and that he would suit exactly. Plaintiff bad stated to bim tbat be wished to buy a borse tbat was perfectly gentle and sound and so gentle tbat bis ebildren…
1Opinion of the Court
DEFENDANTS’ APPEAL.
Walker, J\,
after stating the case: The court held, and so charged the jury, that there was no evidence of unsoundness, and confined the inquiry to the ungentleness of the mare. Defendants contend that after plaintiff had time to ascertain the qualities of the mare, and that she was frightened by automobiles, he brought her to defendants’ stables and they offered to take her back and surrender the note given for her price, and plaintiff rejected the offer and took the mare to his home. Plaintiff replies that he was not bound to rescind the contract at that time, as there…
2Cases cited15 opinions
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Bethea v. Town of KenlySupreme Court of North Carolina · 1964
- Caudle v. SwansonSupreme Court of North Carolina · 1958
- Justus v. RosnerSupreme Court of North Carolina · 2018
6 more not listed; retrieve them via the Exa API.