Allen v. Tompkins.
Supreme Court of North Carolina
ActioN by Allen Bros. & Eord against the D. A. Tompkins Company, beard by Judge G. 8. Ferguson and a jury, at October Term, 1903, of the Superior Court of EbaNeliN County.
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ActioN by Allen Bros. & Eord against the D. A. Tompkins Company, beard by Judge G. 8. Ferguson and a jury, at October Term, 1903, of the Superior Court of EbaNeliN County. The defendant, a corporation doing business at Charlotte, N. 0., sold to the plaintiffs certain machinery to be used in the manufacture of oil from cotton seed and had the same carried to the premises of the plaintiffs in the town of Louis-burg, N. 0. The contract of sale was entirely in writing, and it contained a guaranty on the part of the vender that the machinery and its equipment should be first-class in its material…
1Opinion of the Court
Montgomery, J.,
after stating tbe case. In tbe ordinary case of a sale of machinery witb a warranty as to material and quality, if tbe purchaser discovers, when delivery is offered, defects in tbe same, be may reject it and have bis action against tbe vender for such damages as be may have sustained by reason of tbe vender’s non-performance of bis contract; or be may keep tbe machinery and set up, by way of counter claim against tbe vender’s demand fox contract price, tbe breach of warranty in reduction. Cox v. Long, 69 N. C., 7; Lewis v. Rountree, 78 N. C., 323; Kester v. Miller, 119 N. C.,…
2Cases cited5 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Kester Bros. v. Miller Bros.Supreme Court of North Carolina · 1896
- Spiers v. . Halstead, Haines Co.Supreme Court of North Carolina · 1876
- Huyett-Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1901
- Cox, Trustees v. . LongSupreme Court of North Carolina · 1873
3Cited by8 opinions
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Mayfield v. George O. Richardson MacHinery Co.Missouri Court of Appeals · 1921
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Morris & Co. v. Power Mfg. Co.Court of Appeals for the Sixth Circuit · 1927
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