Lunn v. . Shermer
Supreme Court of North Carolina
Deceit — False Representations — Defects, latent and patent— Demurrer — Answer—Warranty—Damages, measure of — Parties. This was a civil action, tried before MoKoy, J., and a jury, at the Spring Term, 1885, of Row AN Superior Court.
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Deceit — False Representations — Defects, latent and patent— Demurrer — Answer—Warranty—Damages, measure of — Parties. This was a civil action, tried before MoKoy, J., and a jury, at the Spring Term, 1885, of Row AN Superior Court. The plaintiff in his complaint alleged that he purchased a mule from the defendant on the . day of August, 1882, and the defendant falsely and fraudulently represented to him that the said mule was sound as far as he knew, and that he was thereby iuduced to purchase for the sum of one hundred and seveuty-five dollars. That the said representations were false, in…
1Opinion of the CourtAshe, J.
(after stating the case as above). That the Judge refused to charge the jury that the plaintiff could not recover in his own name was made a ground of exception, because the purchase of the mule was made with the money of Payne, Luun & Co., and on the firm’s account. In this there was no error. The complaint expressly alleges, and the answer expressly admits, that the mule was sold to plaintiff by defendant.
A defect of parties is a good ground of demurrer when the defect appears upon the face of the complaint. The Code, §239, sub-sec. 4. And “when the matter alleged as ground of demurrer does…
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