Legal Opinion

Bullinger v. . Marshall

Supreme Court of North Carolina

Decided January 5, 1874PublishedCited by 29 opinions

Civil aotioN,. for deceit iu the sale of a naule, tried before Ilenry, J., at the Spring Term,, 1873,, of Buree Superior-Court. On the trial, the plaintiff, as a witness in his own behalf, stated that at the time of making the trade for the mule, the defendant told him the mule was “sound as far as he knew;” but did not tell him the mule had the sweeney and was then well.

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Civil aotioN,. for deceit iu the sale of a naule, tried before Ilenry, J., at the Spring Term,, 1873,, of Buree Superior-Court. On the trial, the plaintiff, as a witness in his own behalf, stated that at the time of making the trade for the mule, the defendant told him the mule was “sound as far as he knew;” but did not tell him the mule had the sweeney and was then well. Plaintiff further stated that he drove the mule to South Carolina; that it limped on the way when travelling over hard ground or when ridden. The plaintiff'detailed a second conversation had with the defendant, after the…

1Opinion of the CourtPeaesoN, C. J.

Eirst, the plaintiff was introduced as a witness in his own behalf, and swore that at the time of the sale the defendant said : “ The mule was sound as far as he knew, but did not tell him “ the mule had had the sweeny.”

Here was a direct contradiction. The plaintiff, by way of corroborating his testimony, was allowed to prove that soon after the sale and after the unsoundness of the mule had become apparent, the plaintiff', in a conversation with the witness, in detailing the circumstances of the trade, told him that the defendant had not disclosed the fact “ that the mule had had the…

2Cases cited1 opinion

  1. Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872

3Cited by29 opinions

  1. State v. . EflerSupreme Court of North Carolina · 1881
  2. Kinlaw v. Long Mfg. N.C., Inc.Supreme Court of North Carolina · 1979
  3. State v. . RickettsSupreme Court of North Carolina · 1876
  4. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
  5. Fields v. . BrownSupreme Court of North Carolina · 1912

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