Hodges v. Smith
Supreme Court of North Carolina
Appeal from Olme, Jv at October Term, 1931, of Beaufobt. This action was brought to recover damages for deceit and false warranty in the sale of a horse. In his answer the defendant describes himself as “a regular horse and mule dealer, conducting a sales-stable at Greenville, N. 0.” The following is the plaintiff’s version of the facts, as given in his testimony: “I live in Beaufort County, and am a farmer and house carpenter. I know R. L. Smith, the defendant.
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Appeal from Olme, Jv at October Term, 1931, of Beaufobt. This action was brought to recover damages for deceit and false warranty in the sale of a horse. In his answer the defendant describes himself as “a regular horse and mule dealer, conducting a sales-stable at Greenville, N. 0.” The following is the plaintiff’s version of the facts, as given in his testimony: “I live in Beaufort County, and am a farmer and house carpenter. I know R. L. Smith, the defendant. I went to his stables in December, 1907. He has a large stable at Greenville. I saw Mr. Savage before I saw Mr. Smith. Savage was…
1Opinion of the CourtWalkeR, J.
The defendant, in his answer, denies the plaintiff’s allegations, the substance of which have been set out, and avers that he had recently bought the horse when he sold him to the plaintiff, and not knowing his qualities, he could not have warranted or represented that he was kind and gentle in harness, but told the plaintiff that the person .who sold the horse to him represented him to be sound and safe, and he only expressed an opinion to the plaintiff, based upon such knowledge as he had thus acquired, that the.horse would suit him, and that he *259made no warranty and practiced no deceit. Tbe…
2Cases cited14 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
- Whitmire v. . HeathSupreme Court of North Carolina · 1911
- Allen v. TruesdellMassachusetts Supreme Judicial Court · 1883
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3Cited by7 opinions
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- Hill v. ParkerSupreme Court of North Carolina · 1958
- Compton v. M. O'Neil Co.Ohio Court of Appeals · 1955
- Kime v. . RiddleSupreme Court of North Carolina · 1917
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