Legal Opinion

Mizzell v. . Ruffin

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 22 opinions

Civil aotioN, to recover damages for breach of warranty, begun on 4th September, 1890, and tried before Boykin, J., at Fall Term, 1895, of Beetie Superior Court. On August the 1st, 1874, the intestate of defendant conveyed the land described in the complaint for valuable consideration, to the plaintiff with general warranty. His title was defective at the time of the conveyance. The plaintiffs learned of this defect more than ten years before the bringing of this action.

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Civil aotioN, to recover damages for breach of warranty, begun on 4th September, 1890, and tried before Boykin, J., at Fall Term, 1895, of Beetie Superior Court. On August the 1st, 1874, the intestate of defendant conveyed the land described in the complaint for valuable consideration, to the plaintiff with general warranty. His title was defective at the time of the conveyance. The plaintiffs learned of this defect more than ten years before the bringing of this action. They worked the timber for a while, the year after the conveyance, and then ceased of their own accord, till the year this…

1Opinion of the Court

Clark, J.:

The allegation that there “ was and is a breach of defendant’s contract of warranty aforesaid ” states a good cause of action, but imperfectly in that it does not allege wherein, as by a specific allegation of ouster, etc. This is a defective statement of a good cause of action and not a statement of a defective cause of action. The former must be taken advantage of by a demurrer, whereupon in the interest of justice the court may allow the plaintiff to amend, and if it is not demurred to the defect is waived. The latter, a defective cause of action, could not be cured by an…

2Cases cited11 opinions

  1. Ely v. . EarlySupreme Court of North Carolina · 1886
  2. Garrett v. . TrotterSupreme Court of North Carolina · 1871
  3. Johnson v. . FinchSupreme Court of North Carolina · 1885
  4. Bonds v. . SmithSupreme Court of North Carolina · 1890
  5. Harris v. . SneedenSupreme Court of North Carolina · 1889

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Blackmore v. . WindersSupreme Court of North Carolina · 1907
  2. Deans v. . R. R.Supreme Court of North Carolina · 1890
  3. Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
  4. Ives v. RailroadSupreme Court of North Carolina · 1906
  5. Thomason v. RailroadSupreme Court of North Carolina · 1906

17 more not listed; retrieve them via the Exa API.

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