American Pure Food Co. v. G. W. Elliott & Co.
Supreme Court of North Carolina
Appeal from Long, J., July Term, 1909, of RANDOLPH. Civil action, commenced before a justice of the peace and tried upon appeal.
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Appeal from Long, J., July Term, 1909, of RANDOLPH. Civil action, commenced before a justice of the peace and tried upon appeal. These issues were submitted, without objection: 1. “Is the defendant indebted to the plaintiff, as alleged in the complaint, and, if so, in what amount?” Answer: “No.” 2. “Did the plaintiff’s agent, at the time of the sale, falsely -represent and warrant the powders to be the same kind and quality as the Royal baking powders ?” Answer: “Yes.” 3. “Did the said agent, at the time, know the representations as to kind and quality of the goods- to be false, and were they…
1Opinion of the CourtBbowN, J.
The plaintiff sues to recover the sum of $187.50 for five hundred cans of baking powder sold and delivered to defendants. The defendants appealed to the Superior Court from the judgment of the justice of the peace, and, while the cause was there pending, they, by permission of the court, filed a written answer, setting up a counterclaim.
*395Tbe answer avers that the defendants were induced to purchase the goods upon the false and fraudulent representations of the agent selling them, and that the defendants repudiated said contract after selling a few cans, and, ascertaining the worthless…
2Cases cited9 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Warren v. ColeMichigan Supreme Court · 1867
- Lenox v. FullerMichigan Supreme Court · 1878
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3Cited by9 opinions
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- Coca-Cola Bottling Co. of Henderson v. MunnCourt of Appeals for the Fourth Circuit · 1938
- Waldman Produce, Inc. v. Frigidaire Corp.Appellate Terms of the Supreme Court of New York · 1935
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