Melvin v. Easley
Supreme Court of North Carolina
This was an action on the case, for a deceit and false warranty on the sale of a horse, tried before Person,. J., at the Spring Term, 185T, of New Hanover Superior Court. The plaintiff gave in evidence a paper-writing acknowledging the receipt of the purchase-money, and warranting the horse in question to he “sound and healthy,” which was da: ted 8th of January, 1849, and witnessed by a subscribing witness.
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This was an action on the case, for a deceit and false warranty on the sale of a horse, tried before Person,. J., at the Spring Term, 185T, of New Hanover Superior Court. The plaintiff gave in evidence a paper-writing acknowledging the receipt of the purchase-money, and warranting the horse in question to he “sound and healthy,” which was da: ted 8th of January, 1849, and witnessed by a subscribing witness. It was proved that the sale of the horse took place on the day preceding that set forth in the writing, to wit, on Sunday the seventh of that month, when the animal was deliver The…
1Dissent
Battle, J.,
(dissentiente.) This is an action of trespass on the case, in which the plaintiff' declares in two counts: first, for a deceit, and, secondly, for a false warranty of soundness on the sale of a horse by the defendant to the plaintiff. On the trial, there was testimony tending to show that the sale was made on a Sunday; that the defendant was a horse-dealer, and that the plaintiff' knew it. The defendant’s counsel prayed the Court to instruct the jury, that “if they should find that the ordinary calling of Easley was that of a horse-trader, and the plaintiff' knew it, and the horse…
2Cases cited1 opinion
- Meacham v. FaySupreme Court of Vermont · 1834