Price v. . Goodman
Supreme Court of North Carolina
Appeal by defendant from Warliclc, J., at August Term, 1945, of BUNCOMBE. Tbe plaintiffs brought this action to recover tbe balance due on tbe purchase price of a quantity of used or second-hand steel road forms, used in the construction of concrete roads.
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Appeal by defendant from Warliclc, J., at August Term, 1945, of BUNCOMBE. Tbe plaintiffs brought this action to recover tbe balance due on tbe purchase price of a quantity of used or second-hand steel road forms, used in the construction of concrete roads. They allege that defendant agreed to pay for them cash on delivery at Huntington and Charleston, West Virginia, at 27%c per lineal foot, for 10,990 feet, and that they were delivered to defendant’s trucks and received by him. Subsequently, defendant paid $1^500 on the purchase price, and was credited with twelve of the forms he claimed were…
1Opinion of the CourtSeawell, J.
On this appeal we are dealing with an executed sales contract and an alleged breach of warranty on the part of the seller. Since the sale was consummated in West Virginia and delivery had there, the case, in its substantive features, is controlled by the West Virginia law. For that reason our references are, for the most part, to works of recognized accuracy and generally accepted rather to our own Reports, citing the latter only when believed to be in accord with West Virginia law and its legal interpretation. The Uniform Sales Act appears not to have been adopted in West Virginia, as it has…
2Cases cited2 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Raleigh Iron Works Co. v. Lee County Cotton Oil Co.Supreme Court of North Carolina · 1926
3Cited by23 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- A. L. Brown v. General Motors CorporationCourt of Appeals for the Fourth Circuit · 1966
- Lamm v. ShingletonSupreme Court of North Carolina · 1949
- Tennessee Carolina Transportation, Inc. v. Strick Corp.Supreme Court of North Carolina · 1973
- Ellison v. HunsingerSupreme Court of North Carolina · 1953
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