Legal Opinion

Hodges v. . Wilkinson.

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 12 opinions

Appeal from Justice of the Peace, tried before Brown, J., and a jury, at Fall Term, 1891, of Beaufort Superior Court. The pleadings were oral.

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Appeal from Justice of the Peace, tried before Brown, J., and a jury, at Fall Term, 1891, of Beaufort Superior Court. The pleadings were oral. The contentions of the parties on the trial in this Court were as follows: The plaintiff alleged that he had exchanged a mule with the defendant for a horse; that the defendant impliedly warranted the title to said horse, and that there has been a breach of said warranty; that at the time of said exchange there was a valid outstanding mortgage on said horse, unknown to plaintiff; that the quiet possession of the plaintiff of said horse had been…

1Opinion of the Court

Avery, J.:

The warranty of a title implied in every sale-of a chattel has been declared by this Court to be in effect a covenant for quiet enjoyment. Cowan v. Silliman, 4 Dev., 46; Webster v. Laws, 89 N. C., 224. The distinction drawn by the Supreme Court of Kentucky between the breaches of express and implied warranties of personal property (Scott v. Scott, 2 Marsh, 218; Tipton v. Triplett, 1 Metcalf, 570) has not- been generally recognized by other Courts of this country, (Gross v. Keesske, 41 Cal., 111; Rawle on Cove., 5th ed., § 60) though at least one Court and text-writers of the highest…

2Cases cited17 opinions

  1. Langdon v. BuelNew York Supreme Court · 1832
  2. Williams v. . TeacheySupreme Court of North Carolina · 1881
  3. Avent v. ArringtonSupreme Court of North Carolina · 1890
  4. Vickers v. . LeighSupreme Court of North Carolina · 1889
  5. The Mary and Susan .—G. & H. Van WagenenSupreme Court of the United States · 1816

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3Cited by12 opinions

  1. Masters v. DunstanSupreme Court of North Carolina · 1962
  2. Everett v. . NewtonSupreme Court of North Carolina · 1896
  3. Clevenger v. LewisSupreme Court of Oklahoma · 1908
  4. Mauldin v. MilfordSupreme Court of South Carolina · 1924
  5. Wachovia Bank & Trust Co. v. Wayne Finance Co.Supreme Court of North Carolina · 1964

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