Lay Gas MacHine Co. v. Falls of Neuse Manufacturing Co.
Supreme Court of North Carolina
Civil ActioN, tried at March Special Term, 1884, of Wake Superior Court, before Avery, J. The complaint alleges and the answer admits that, about the middle of October, in the year 1881, the plaintiff sold the defendant a certain machine for the generation of gas, at the list price of nine hundred and seventy-five dollars, subject to a discount or deduction of one-third of that sum, and on the terms that the defendant should have it on trial for ninety days, during which, if…
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Civil ActioN, tried at March Special Term, 1884, of Wake Superior Court, before Avery, J. The complaint alleges and the answer admits that, about the middle of October, in the year 1881, the plaintiff sold the defendant a certain machine for the generation of gas, at the list price of nine hundred and seventy-five dollars, subject to a discount or deduction of one-third of that sum, and on the terms that the defendant should have it on trial for ninety days, during which, if dissatisfied with its operation, he could return it, and plaintiff would take it back. The plaintiff further states…
1Opinion of the Court
Sjiith, C. J.,
after stating the case. We'concur in the opinion of the court ’that while the answer concedes the contract of indebtedness, it sets up no legal defence to the plaintiff’s recovery.
It is no sufficient answer to an allegation of a matter charged to be within the personal knowledge of the defendant, his possession for more than a year and failure to prefer any complaint or make known his dissatisfaction, to say that he has no knowledge or information sufficient to form a belief as to the time when complaint was first made, without saying that any was made at all. Facts charged to…
2Cases cited1 opinion
- Curtis v. Richards & VantineCalifornia Supreme Court · 1858
3Cited by6 opinions
- Avery v. Stewart.Supreme Court of North Carolina · 1904
- Peacock v. United StatesCourt of Appeals for the Ninth Circuit · 1903
- Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1890
- Streator v. . StreatorSupreme Court of North Carolina · 1907
- Grimes v. City of LexingtonSupreme Court of North Carolina · 1940
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