Garrison v. Case Threshing MacHine Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at November Term, 1911, of RocK-INGIIAM. Tbis action was brought to recover damages for tbe sale of certain land under mortgage, which was made under the following circumstances: The plaintiffs were solicited by two agents of the defendant to purchase one of its traction engines, they representing that the engine would haul from five to eight thousand feet of green lumber over the road from Mclver to Reidsville in'Rockingham County.
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Appeal from Lyon, J., at November Term, 1911, of RocK-INGIIAM. Tbis action was brought to recover damages for tbe sale of certain land under mortgage, which was made under the following circumstances: The plaintiffs were solicited by two agents of the defendant to purchase one of its traction engines, they representing that the engine would haul from five to eight thousand feet of green lumber over the road from Mclver to Reidsville in'Rockingham County. The plaintiffs declined to buy the engine unless it would do this, and it was thereupon agreed that they should sign the usual order for the…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant tendered certain issues, and, without setting them out, it is sufficient to say that they did not embrace the questions raised by the pleadings, and were, therefore, properly rejected by the court. Those adopted by the court were sufficient for the defendant to present its contentions and to develop its case, and this is all that could be asked. The form of the issues are within the discretion of the judge, provided they are sufficient to determine the rights of the parties and to support the judgment. Roberts v. Baldwin, 155 N. C., 276; Clark…
2Cases cited14 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
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