McCaskey Register Co. v. Bradshaw
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at February Term, 1917, of New HANOVER. This is an action to recover $302, alleged to be the balance due on the purchase price of a McCaskey register. The defendants admitted the execution of the contract for the purchase of the register, and the balance due thereon.
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Appeal by defendant from Bond, J., at February Term, 1917, of New HANOVER. This is an action to recover $302, alleged to be the balance due on the purchase price of a McCaskey register. The defendants admitted the execution of the contract for the purchase of the register, and the balance due thereon. The defendants also allege, by way of set-off and counterclaim, that they were induced to buy the register upon the representation that they would save the cost of a bookkeeper by doing so; that it would keep an accurate stock list of their goods, wares, and merchandise; that at the time of the…
1Opinion of the CourtAllen, J.
His Honor’s ruling proceeds upon the idea that the answer does not allege a defense or counterclaim, and as the defendants have admitted the execution of the contract, and the balance due thereon, that the plaintiff is entitled to judgment.
The answer is not specific and leaves much to inference, but “if it can be seen from its general scope that a party has a cause of action or defense, though imperfectly alleged, the fact that it has not been stated with technical accuracy or precision will not be so taken against him as to deprive him of it.”
The pleading .must be construed “liberally,” and…
2Cases cited6 opinions
- Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Dr. Shoop Family Medicine Co. v. DavenportSupreme Court of North Carolina · 1913
- Robinson v. . HuffstetlerSupreme Court of North Carolina · 1914
- Lexington Grocery Co. v. VernoySupreme Court of North Carolina · 1914
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- Aldridge Motors, Inc. v. . AlexanderSupreme Court of North Carolina · 1940
- Williams v. Dixie Chevrolet Co.Supreme Court of North Carolina · 1935
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