Carter v. . McGill
Supreme Court of North Carolina
. Appeal by defendant from Goolce, J., at September Term, 1914, of CUMBERLAND. This action was brought to recover the amount due upon a note and agricultural lien given for advances in supplies and so forth, to be made to defendant by the plaintiff in 1912, and to be used in the cultivation of his farm of 172 acres in said county.
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. Appeal by defendant from Goolce, J., at September Term, 1914, of CUMBERLAND. This action was brought to recover the amount due upon a note and agricultural lien given for advances in supplies and so forth, to be made to defendant by the plaintiff in 1912, and to be used in the cultivation of his farm of 172 acres in said county. Plaintiff alleged, and there was testimony to show, that the balance due for supplies furnished by him, after proper deduction for payments, was $1,388.62. • Defendant set up a counterclaim, alleging therein that he had paid for all supplies except certain…
1Opinion of the Court
WalkeR, J.,
after stating the case: This case is not exactly like any other one we have had before us upon this and kindred subjects. The only question we will discuss in this appeal is whether the defendant offered any competent evidence of a breach of the warranty that the fertilizer should be of “the standard grade,” and we think he did. It may not have been very full or explicit, but we cannot say that there was no evidence. It is not necessary, in order to prove this fact, that there should be a chemical analysis of the fertilizer. This is, perhaps, tbe best way of establishing the fact,…
2Cases cited9 opinions
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Spencer v. . HamiltonSupreme Court of North Carolina · 1893
- Armour Fertilizer Works v. McLawhornSupreme Court of North Carolina · 1912
- Ober v. . KatzensteinSupreme Court of North Carolina · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Jones v. Union Guano Co.Supreme Court of the United States · 1924
- Armour Fertilizer Works v. AikenSupreme Court of North Carolina · 1918
- Carter v. . McGillSupreme Court of North Carolina · 1916
13 more not listed; retrieve them via the Exa API.