Baker v. . Brem
Supreme Court of North Carolina
Civil action, tried before Boykin, J., at February Term, 1888, of the Superior Court of Mecelenburg. The action was begun August 15,1885, and the complaint, filed on oath, alleges that the plaintiffs, J. E. Newell, N. W. Wallace and I. E. Baker, intestates of the plaintiff M. E. Baker and L. W. S. Taylor, entered into an agreement with the defendants H. E Brem and F. B. McDowell, constituting the partnership firm of Brem & McDowell, agents of the Watertown Engine Co., in…
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Civil action, tried before Boykin, J., at February Term, 1888, of the Superior Court of Mecelenburg. The action was begun August 15,1885, and the complaint, filed on oath, alleges that the plaintiffs, J. E. Newell, N. W. Wallace and I. E. Baker, intestates of the plaintiff M. E. Baker and L. W. S. Taylor, entered into an agreement with the defendants H. E Brem and F. B. McDowell, constituting the partnership firm of Brem & McDowell, agents of the Watertown Engine Co., in this form: “An agreement, made and entered into by and between Brem & McDowell, of Charlotte, N. 0., agents for Watertown…
1Opinion of the CourtSmith, C. J.
(after stating the case). We again call attention to the form of the instructions and their inappropriateness to the issues before the jury. The inquiry before- them was as to the quality of the separator and its fitness for the purpose of cleansing small grain from the straw, for which it was bought, and whether it was, as represented, a first-class article, and if not, the compensatory damages due to the plaintiffs; and to either inquiry of fact, the instruction was wholly impertinent. The jury were not to pass upon the plaintiffs’ right of action, but toaccertain the facts, and then upon…
2Cases cited4 opinions
- Osborn v. . GantzNew York Court of Appeals · 1875
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Scott v. . TimberlakeSupreme Court of North Carolina · 1880
- Walker v. . DicksSupreme Court of North Carolina · 1879
3Cited by13 opinions
- Norton v. North Carolina RailroadSupreme Court of North Carolina · 1898
- Alexander v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
- Hendrix v. B & L Motors, Inc.Supreme Court of North Carolina · 1955
- Jones v. BalsleySupreme Court of North Carolina · 1910
- Robert Burgess & Son v. AlcornSupreme Court of Kansas · 1907
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