Hyman v. . Broughton

The contract of sale was in writing and contained the usual stipulation that no oral agreement formed any part of the contract. The allegations in the counterclaim or cross-action of defendant are not sufficient to raise the issue of fraud in the inducement of the contract. Colt v. Kimball, 190 N. C., 169, 129 S. E., 406; Colt v. Conner, 194 N. C., 344, 139 S. E., 694. However, the defendant contends tbat in all sales of personal property without inspection there is an implied warranty tbat the property can be used for the purpose for which it was purchased. It is to be observed tbat there…