Harris v. . Cannady
Supreme Court of North Carolina
ActioN tried before Webb, J., and a jury, February Term, .1908, of GcRANVilue, to recover damages for breach of warranty in the sale.of a horse, tried on appeal from a Justice of the Peace.
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ActioN tried before Webb, J., and a jury, February Term, .1908, of GcRANVilue, to recover damages for breach of warranty in the sale.of a horse, tried on appeal from a Justice of the Peace. On issues submitted, the jury rendered the following verdict : “1. Did the defendant warrant the horse sold to plaintiff to be sound and all right? Answer: ‘Yes.’ “2. Was the horse sound and all right? Answer: ‘No.’ “3. What, damage has plaintiff sustained? Answer: ‘$115.’ ” Judgment on the verdict for plaintiff, and defendant excepted and appealed.
1Opinion of the Court
Hoke, J.,
after stating the case. At the last term of the Court, in the case of Wrenn v. Morgan, 148 N. C., 101, the Court held on this question of warranty as follows:
“1. To hold a bargainor in a sale responsible for a warranty, it is not necessary that the warranty should be given in express terms; but an affirmation of a material fact, made by a seller at the time of the sale, and as an inducement thereto, and accepted and relied on by the buyer, will amount to a warranty.” Citing, to same effect, Tiffany on Sales, 162; McKinnon v. McIntosh, 98 N. C., 89; Horton v. Greene, 66 N. C., 596;…
2Cases cited4 opinions
- McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
- Wrenn v. . MorganSupreme Court of North Carolina · 1908
- Baum v. . StevensSupreme Court of North Carolina · 1842
- John Horton v. . Elijah GreenSupreme Court of North Carolina · 1872
3Cited by3 opinions
- Winn v. . FinchSupreme Court of North Carolina · 1916
- Hodges v. SmithSupreme Court of North Carolina · 1912
- Hodges v. . SmithSupreme Court of North Carolina · 1912