Main v. Griffin.
Supreme Court of North Carolina
ActioN by W. F. Main Co. against Griffin-Bynnin & Co., beard by Judge Q. S. Ferguson and a jury, at the December Term, 1905, of the Superior Court of Mooes. Action to recover the price of certain merchandise sold defendant by plaintiff under a written contract. Certain issues were submitted to the jury. From the judgment rendered, plaintiff appealed.
1Opinion of the CourtBrown, J.
The jewelry was sold to defendant under the terms of a written contract, the execution of which was proven and the contract was introduced in evidence. According to the terms of this contract the defendant waived all right to claim that the goods did not come up to sample or were not according, to order, unless defendant complied with the terms of the warranty and exchange in the contract. According to the terms of this obligation, the plaintiff was entitled to notice of any alleged defect in the goods as to quality and to be given an opportunity to remedy any deficiency before defendant…
2Cases cited3 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Furneaux v. EsterlySupreme Court of Kansas · 1887
- Nichols, Shepard & Co. v. WymanSupreme Court of Iowa · 1887
3Cited by15 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Nave v. PowellIndiana Court of Appeals · 1911
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- W. F. Main Co. v. FieldSupreme Court of North Carolina · 1907
- Chas. Hackley Piano Co. v. KennedySupreme Court of North Carolina · 1910
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