Long v. Fields
Supreme Court of North Carolina
Jurisdiction — Deceit— Warranty— Contract. This was a civil actioN, tried at September Term, 1889, of the Superior Court of RICHMOND County, before Merri-mon, J. The plaintiff alleged for a first cause of action— 1. That, on-day of July, 1883, one Clem.
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Jurisdiction — Deceit— Warranty— Contract. This was a civil actioN, tried at September Term, 1889, of the Superior Court of RICHMOND County, before Merri-mon, J. The plaintiff alleged for a first cause of action— 1. That, on-day of July, 1883, one Clem. Moon, with intent to deceive and defraud the plaintiff, falsely and fraudulently represented to one D. M. Morrison, who was acting as agent for and in behalf of plaintiff, that the horse which Moon then offered to sell was sound and worked well in harness. 2. That plaintiff, relying upon said representations, was thereby induced to purchase…
1Opinion of the CourtAvery, J.
— after stating the facts as above: It has been settled by a line of decisions in this Court, and manifestly upon mature consideration, that, where there is a warranty of soundness in the sale of a horse, the vendee may declare *224in tort for a false warranty and add a count in deceit, or, under the new procedure, a second cause of action in the nature of deceit, and though the sum demanded be less than two hundred dollars, the aciion will not be deemed one founded on. contract, and the Superior Court will have jurisdiction. Bullinger v. Marshall, 70 N. C., 520; Ashe v. Gray, 88 N. C., 190; Ibid…
2Cases cited4 opinions
- Bullinger v. . MarshallSupreme Court of North Carolina · 1874
- Ashe v. . GraySupreme Court of North Carolina · 1884
- Ashe v. . GraySupreme Court of North Carolina · 1883
- Harvey v. . HambrightSupreme Court of North Carolina · 1887
3Cited by3 opinions
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Hill v. . SniderSupreme Court of North Carolina · 1940