Robinson v. . Huffstetler
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at October Special Term, 1913, of G-astoN. This action is to recover two mules. Tbe plaintiff testified in substance that be and tbe defendant exchanged mules; tbat tbe defendant warranted bis mules to be sound, and agreed tbat if tbey were not sound tbe plaintiff might return them, and get bis own mules; tbat tbe mules were not sound, and tbat be offered to rescind tbe trade on tbe eighth day after tbe exchange.
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Appeal by defendant from Webb, J., at October Special Term, 1913, of G-astoN. This action is to recover two mules. Tbe plaintiff testified in substance that be and tbe defendant exchanged mules; tbat tbe defendant warranted bis mules to be sound, and agreed tbat if tbey were not sound tbe plaintiff might return them, and get bis own mules; tbat tbe mules were not sound, and tbat be offered to rescind tbe trade on tbe eighth day after tbe exchange. Tbe contention of tbe plaintiff is that tbe warranty is one of quality; tbat be bad a reasonable time within which to examine tbe mules; tbat be…
1Opinion of the Court
AlleN, J\
When personal property is sold by sample, or upon a representation as to quality, which does not amount to an express warranty, tbe purchaser is given a reasonable opportunity' for inspection and examination, and if not according to tbe sample or representation, be may reject them wben tendered, or return them after delivéry, provided be acts within a reasonable time, and can recover anything of'value parted with as tbe consideration for tbe trade.
What is a reasonable time is dependent upon conditions and circumstances, as in some cases tbe defect may be discovered by inspection,…
2Cases cited3 opinions
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
- Manufacturing Co. v. . GraySupreme Court of North Carolina · 1899
- Critcher v. Porter Company.Supreme Court of North Carolina · 1904
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- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Winn v. . FinchSupreme Court of North Carolina · 1916
- McCaskey Register Co. v. BradshawSupreme Court of North Carolina · 1917
- Frick Co. v. BolesSupreme Court of North Carolina · 1915
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