Long v. . Byrd
Supreme Court of North Carolina
Appeau by defendant from Peebles, J., at January Term, 1915, of DupliN. Tbis was an action on a check given for the purchase money of a horse. The issues submitted were: 1. Did the plaintiff warrant the mare to be sound, as alleged in the answer? Answer: “No.” 2. If so, was there a breach of said warranty? Answer: “No.” 3. Is the defendant indebted to the plaintiff, and if so, in what amount? Answer: “Yes, $334.50.” This was the amount of the cheek and interest.
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Appeau by defendant from Peebles, J., at January Term, 1915, of DupliN. Tbis was an action on a check given for the purchase money of a horse. The issues submitted were: 1. Did the plaintiff warrant the mare to be sound, as alleged in the answer? Answer: “No.” 2. If so, was there a breach of said warranty? Answer: “No.” 3. Is the defendant indebted to the plaintiff, and if so, in what amount? Answer: “Yes, $334.50.” This was the amount of the cheek and interest. The defendant had returned the horse to the plaintiff and the jury appended a note to their verdict that the horse was worth its…
1Opinion of the Court
Clark, C, J.
The only exception is that when a witness for the plaintiff testified as to the good condition of the horse in the respect in which it had been alleged to be defective, the judge suggested to the jurors that a good way to test the truth of the matter would be to let the plaintiff select one good man and the defendant another and drive the horse sufficiently to test what its condition was. The plaintiff was willing to the suggestion, but the defendant declined and assigned the suggestion of the judge as an expression of opinion. The jury found that the plaintiff did not warrant the…
2Cases cited9 opinions
- State v. . GrahamSupreme Court of North Carolina · 1876
- State v. . HunterSupreme Court of North Carolina · 1907
- State v. . HortonSupreme Court of North Carolina · 1888
- State Ex Rel. Stubblefield v. WoodruffSupreme Court of North Carolina · 1872
- State v. HowardSupreme Court of North Carolina · 1901
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3Cited by1 opinion
- State v. . JonesSupreme Court of North Carolina · 1918