J. I. Case Threshing MacHine Co. v. McClamrock
Supreme Court of North Carolina
Appeal from. Long, J., at October Term, 1909, of Davie. Civil action tried on appeal from a judgment of a justice of tlie peace. The plaintiff sued on three notes: two of $40 each and one of $33.25, executed by defendants on 16 July, 1906, for the purchase price of a second-hand self-feeder for a separator.
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Appeal from. Long, J., at October Term, 1909, of Davie. Civil action tried on appeal from a judgment of a justice of tlie peace. The plaintiff sued on three notes: two of $40 each and one of $33.25, executed by defendants on 16 July, 1906, for the purchase price of a second-hand self-feeder for a separator. The contract of purchase was in writing, was signed by the two defendants, and contained, among other stipulations, the following: “As a condition hereof, it is fully understood and agreed that said machinery is purchased as second-hand, and not warranted.” The contract, in bold type, at…
1Opinion of the Court
Manning, J.,
after stating the case: The only exception presented by the record is the correctness of his Honor’s ruling. We concur in his ruling. The defendants admitted the execution of the notes sued upon and the chattel mortgage given to secure their payment. The execution by them of the contract, pursuant to which the notes and mortgage were executed, was likewise admitted. .This contract expressly stipulated that the machine purchased was a second-hand machine, and was not warranted. It was entirely competent for the parties to so stipulate in their contract. The defendants retained a…
2Cases cited5 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Woodson v. BeckSupreme Court of North Carolina · 1909
- Walker v. . CooperSupreme Court of North Carolina · 1909
- Woodridge v. . BrownSupreme Court of North Carolina · 1908
- Dickson, Mallory & Co. v. JordanSupreme Court of North Carolina · 1850
3Cited by19 opinions
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Walston v. R. B. Whitley & Co.Supreme Court of North Carolina · 1946
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
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