National Novelty Import Co. v. Moore
Supreme Court of North Carolina
Civil actioN, tried before Ferguson, J., and a jury at November Term, 1915, of MacoN, upon these issues: 1. Was tbe defendant induced to enter into tbe contract, “Exbibit A,” by the plaintiff’s agent falsely and fraudulently representing to the defendant that Sam Eranks, a merchant in Franklin, N. 0., had purchased and was selling said goods, and that Holmes Bryson, a merchant at 'Hillsboro, N. C., had purchased and was selling said goods % Answer: “Yes.” 2.Did the defendant…
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Civil actioN, tried before Ferguson, J., and a jury at November Term, 1915, of MacoN, upon these issues: 1. Was tbe defendant induced to enter into tbe contract, “Exbibit A,” by the plaintiff’s agent falsely and fraudulently representing to the defendant that Sam Eranks, a merchant in Franklin, N. 0., had purchased and was selling said goods, and that Holmes Bryson, a merchant at 'Hillsboro, N. C., had purchased and was selling said goods % Answer: “Yes.” 2.Did the defendant refuse to receive said goods and reship them to the plaintiff because of the false and fraudulent representations ?…
1Opinion of the CourtBkowN, J.
Plaintiff sued to recover of defendant the purchase price of certain jewelry sold by plaintiff’s salesman to defendant. Upon arrival, defendant refused to accept the goods and repudiated the transaction upon the grounds as set forth in the answer:
1. That he had an agreement with the salesman of the plaintiff that he could cancel the order; and
2. That the sale was procured by fraud, in that the defendant was induced to enter into the contract by reason of certain fraudulent statements made by the salesman that such men as Holmes Bryson of Dills-boro and Sam Eranks of Franklin had purchased the…
2Cases cited1 opinion
- Harding v. . LongSupreme Court of North Carolina · 1889
3Cited by1 opinion
- Virginia Railway & Power Co. v. Davidson's AdministratorSupreme Court of Virginia · 1916