Alpha Mills v. Watertown Steam Engine Co.
Supreme Court of North Carolina
Civil action, brought by plaintiff against the Watertown Steam Engine Company (a foreign corporation) and its agents, Brem & McDowell, for damages arising from its false warranty and deceit in the sale of an engine, the manufacture of the Watertown Steam Engine Company. The following- is a copy of the offer for the sale of the engine which was bought from the defendants by the plaintiff: “Office of Brem & McDowell, Machinery, Mining Supplies and Safes.
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Civil action, brought by plaintiff against the Watertown Steam Engine Company (a foreign corporation) and its agents, Brem & McDowell, for damages arising from its false warranty and deceit in the sale of an engine, the manufacture of the Watertown Steam Engine Company. The following- is a copy of the offer for the sale of the engine which was bought from the defendants by the plaintiff: “Office of Brem & McDowell, Machinery, Mining Supplies and Safes. Agents for Liddell & Co., Manufacturers of ‘Boss’ Cotton Presses, Saw Mills, Shafting, Pulleys, Hangers, &c. Agents for Watertown Engines.…
1Opinion of the Court
Euechbs, J. :
This is an action for damages upon an alleged false warranty in the sale of a steam engine in which plaintiffs recovered and defendants appeal, and file 44 exceptions to the ruling of the Court. We do not expect to take up and discuss these exceptions seriatim, but only to discuss such of them as will dispose of the case on appeal, as many of them will in all probability not arise again.
The defendants moved to dismiss the action for want of due service. This motion had been made and passed upon some terms ago, upon affidavit, as to whether the defendants Brem & McDowell were…
2Cases cited11 opinions
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Hickman v. GreenSupreme Court of Missouri · 1894
- Atlantic National Bank v. HarrisMassachusetts Supreme Judicial Court · 1875
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Peebles v. Patapsco Guano Co.Supreme Court of North Carolina · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- McCrater v. Stone & Webster Engineering Corp.Supreme Court of North Carolina · 1958
- Crisp v. Champion Fibre Co.Supreme Court of North Carolina · 1927
- Potter v. National Supply Co.Supreme Court of North Carolina · 1949
16 more not listed; retrieve them via the Exa API.