Critcher v. Porter Company.
Supreme Court of North Carolina
ActioN by Roger Oritcber against tlie Porter-McNeal Company and others, heard by Judge G. 8. Ferguson and a jury, at September Term, 1903, of the Superior Court of Mastín County.
Read the full summary
ActioN by Roger Oritcber against tlie Porter-McNeal Company and others, heard by Judge G. 8. Ferguson and a jury, at September Term, 1903, of the Superior Court of Mastín County. The plaintiff alleged that he contracted with the defendants for the purchase of an Erie City 25 horse-power, 10x12 horizontal center-crank engine, together with other machinery for the equipment and operation of a saw-mill, at the agreed price of $1,150, to be paid partly in cash and the balance in several installments, for which he was to execute his promissory notes secured by a deed in trust. The deed sent to the…
1Opinion of the Court
Connor, J.,
after stating the facts. The only question presented by the plaintiff’s exceptions relates to the kind and measure of damages to which he is entitled upon the evidence and finding of the jury. It is well settled by all of the text books and adjudged cases that, in the absence of any special conditions or special damage, the true measure of damages for breach of warranty as to the quality or capacity of machinery sold is the difference between the contract price and the actual value. Kester v. Miller, 119 N. C., 475; Mfg. Co v. Gray, 126 N. C., 108. There are cases, however, to be…
2Cases cited7 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Kester Bros. v. Miller Bros.Supreme Court of North Carolina · 1896
- Sycamore Marsh Harvester Manufacturing Co. v. SturmNebraska Supreme Court · 1882
- Coweta Falls Manufacturing Co. v. RogersSupreme Court of Georgia · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Robinson v. . HuffstetlerSupreme Court of North Carolina · 1914
- Storey v. . StokesSupreme Court of North Carolina · 1919
- Hajoca Corporation v. BrooksSupreme Court of North Carolina · 1958
- Woodridge v. . BrownSupreme Court of North Carolina · 1908
3 more not listed; retrieve them via the Exa API.