Ashford v. H. C. Shrader Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at February Term, 1914, of CRAVEN. This is an action to recover "damages for an alleged breach of an implied warranty in the sale of 600 boxes of oranges. Both the plaintiffs and the defendant are dealers in oranges, plaintiffs doing business at New Bern and the defendant in Florida.
Read the full summary
Appeal by defendant from Daniels, J., at February Term, 1914, of CRAVEN. This is an action to recover "damages for an alleged breach of an implied warranty in the sale of 600 boxes of oranges. Both the plaintiffs and the defendant are dealers in oranges, plaintiffs doing business at New Bern and the defendant in Florida. The contract was to sell 600 boxes of oranges at a price agreed on, without further description, and the right was given to the plaintiffs, who were the purchasers of the oranges, to inspect. The oranges were shipped to New Bern to the order of the defendant, with draft upon…
1Opinion of the CourtAlleN, J.
Tbe maxim of tbe civil law is caveat venditor, while tbe maxim of tbe common law is caveat emptor, and it is generally held in courts where tbe common law is administered that in CQntraets for tbe sale of personal property, as between dealers, there is no implied warranty as to quality. Farrell v. Market Co., L. R. A. (N. S.), 884, and cases in note; Shingle Co. v. Mill Co., 35 L. R. A. (N. S.), 261, and note; Tiffany on Sales, 252; 35 Cyc., 397; Dickson v. Jordan, 33 N. C., 166; Woodridge v. Brown, 149 N. C., 302. This rule has not been stated more clearly or with greater strictness anywhere…
2Cases cited5 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- W. F. Main Co. v. FieldSupreme Court of North Carolina · 1907
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
- Dickson, Mallory & Co. v. JordanSupreme Court of North Carolina · 1850
- Hansen v. The United States Brewing Co.Appellate Court of Illinois · 1897
3Cited by22 opinions
- Performance Motors, Incorporated v. AllenSupreme Court of North Carolina · 1972
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Davis v. RadfordSupreme Court of North Carolina · 1951
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
17 more not listed; retrieve them via the Exa API.