Wilson v. . White
Supreme Court of North Carolina
ClaiM AND Delivery tried at Spring Term, 1878, of Mecklenburg Superior Court, before Cox, J. The defendant, White, doing business in Charlotte1'was adjudicated a bankrupt upon his own petition in the district court of the U. S. for the western district of North Carolina, on the 26th of June, 1875, and the defendant, Cuthbertson, was duly appointed assignee of his estate.
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ClaiM AND Delivery tried at Spring Term, 1878, of Mecklenburg Superior Court, before Cox, J. The defendant, White, doing business in Charlotte1'was adjudicated a bankrupt upon his own petition in the district court of the U. S. for the western district of North Carolina, on the 26th of June, 1875, and the defendant, Cuthbertson, was duly appointed assignee of his estate. About the 15th of June, next, before the filing the petition in bankruptcy, White contracted with the plaintiffs through their travelling agent to buy on a credit, thirty-two barrels of syrup, amounting in value to $402.40.…
1Opinion of the CourtDillard, J.
(After stating the case.) If a vendor of goods is drawn in to part with his property by fraudulent misrepresentation or concealment of a fact material to the contract and operating an inducement thereto, and such as a man of ordinary sagacity might reasonably rely on and be influenced by, the sale is voidable, and the vendor has the option to affirm the sale and sue for the price, or hold it null and sue for the goods in specie, as against the purchaser or a stranger holding without valuable consideration or with notice of the’ fraud. Benjamin on Sales, 342; Story on Sales, § 165; Bigelow on…
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- Rudisill v. . WhitenerSupreme Court of North Carolina · 1907
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