J. A. Fay & Egan Co. v. Crowell
Supreme Court of North Carolina
Appeal by plaintiff from Bay, J., at October Term, 1922, of StaNly. Civil action to recover balance due on ten promissory notes executed by tbe defendant and delivered to the plaintiff for a certain quantity of mill machinery.
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Appeal by plaintiff from Bay, J., at October Term, 1922, of StaNly. Civil action to recover balance due on ten promissory notes executed by tbe defendant and delivered to the plaintiff for a certain quantity of mill machinery. Defendant admitted the execution of the notes and contract, hut set up in his amended answer that hy the false and fraudulent representations and promises, made by plaintiff’s sales manager, he was induced to keep said machinery to his injury, beyond the 30-day period, allowed in the contract of purchase for its return in case of rejection, and that therefore said…
1Opinion of the Court
Stagy, J".
This case was before us at the Fall Term, 1921, and is reported in 182-N. 0., 532. We held there, upon the record as presented on the first appeal, that the plaintiff was entitled to a directed verdict for the balance due on the unpaid notes. When the cause went back and was again reached for trial, the defendant was allowed to amend his answer and to set up, by way of recoupment, set-off or counterclaim, an allegation to the effect that during the 30-day period within which said machinery was to be tested and returned, if not satisfactory and as represented, the plaintiff’s sales…
2Cases cited5 opinions
- Dr. Shoop Medicine Co. v. J. A. Mizell & Co.Supreme Court of North Carolina · 1908
- Bland v. International Harvester Co.Supreme Court of North Carolina · 1915
- Randall v. J. A. Fay & Egan Co.Michigan Supreme Court · 1909
- Cable Piano Co. v. StricklandSupreme Court of North Carolina · 1913
- MacHine Co. v. Hill.Supreme Court of North Carolina · 1904
3Cited by8 opinions
- Bluefield Supply Co. v. Frankel's Appliances, Inc.West Virginia Supreme Court · 1965
- Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
- Barbee v. DavisSupreme Court of North Carolina · 1924
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
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