Legal Opinion

Haynor Manufacturing Co. v. Davis

Supreme Court of North Carolina

Decided April 1, 1908PublishedCited by 16 opinions

ActioN tried before Neal, J., and a jury, at November Term, 1907, of Nash. Defendant appealed. Tbe facts are stated in tbe opinion.

1Opinion of the Court

Clark, O. J.

This action was begun before a justice of tbe peace to recover tbe value of goods sold. Tbe defendant sets up orally a counterclaim, or payment, as follows, which presents tbe only question before us: “The defendant denied that he owed tbe plaintiff anything and pleaded payment in full of all accounts, and set up as a reason, among other things, that the goods for which the account was made was, in part, 'Buchu Tonic/ and that at the time he purchased it from the plaintiff the plaintiff’s salesman, R. D. Guy, had represented the said 'Buchu Tonic’ to the defendant as nonalcoholic…

2Cases cited4 opinions

  1. Alpha Mills v. Watertown Steam Engine Co.Supreme Court of North Carolina · 1895
  2. Peebles v. Patapsco Guano Co.Supreme Court of North Carolina · 1877
  3. Huntley v. . MathiasSupreme Court of North Carolina · 1884
  4. Lane v. . DudleySupreme Court of North Carolina · 1812

3Cited by16 opinions

  1. Napier v. StrongCourt of Appeals of Georgia · 1917
  2. Hunsucker v. CorbittSupreme Court of North Carolina · 1924
  3. Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
  4. Distillers Distributing Corp. v. Sherwood Distilling Co.Court of Appeals for the Fourth Circuit · 1950
  5. International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916

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