Lewis v. W. D. Rountree & Co.
Supreme Court of North Carolina
Civil ActioN, tried at June Special Terra, 1877, of Wake Superior Court, before Buxton, J. The case states: This suit, in form an action of trespass on the case in assumpsit, was instituted on the 11th day-of September, 1866, and in its present aspect is substantially'a controversy in respect to 517 barrels of strained rosin bought by the plaintiffs from the defendants on the 10th of October, 1865, at Wilson, North Carolina, and paid for at the agreed price of $3.50 per…
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Civil ActioN, tried at June Special Terra, 1877, of Wake Superior Court, before Buxton, J. The case states: This suit, in form an action of trespass on the case in assumpsit, was instituted on the 11th day-of September, 1866, and in its present aspect is substantially'a controversy in respect to 517 barrels of strained rosin bought by the plaintiffs from the defendants on the 10th of October, 1865, at Wilson, North Carolina, and paid for at the agreed price of $3.50 per barrel. The plaintiffs complain that only 116 barrels came up to the description of the article bought and paid for, and…
1Opinion of the CourtRodman, J.
We think the Judge came to a wrong conclusion. The defendants agreed to deliver 517 barrels of strained rosin, which clearly amounts to awaranty that the article which they deliver is of that specific description.. It may be called a condition precedent, and so it is, for the purpose that the vendee is not obliged to receive the article-unless it comes within the description. But it is more than that, for it is held, as will presently be seen, that after the-vendee has received and retained the articles, he may recover damages if they do not come within the specific description ; the…
2Cases cited1 opinion
- Cox, Trustees v. . LongSupreme Court of North Carolina · 1873
3Cited by34 opinions
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- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
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- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
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