Legal Opinion

Mercer v. Wiggins

Supreme Court of North Carolina

Decided January 15, 1876PublishedCited by 2 opinions

This was a civil actiok to recover damages for a breach of warranty contained in a deed, tried before Moore, J., at August Term, 1875, of Edgecombe Superior Court.

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This was a civil actiok to recover damages for a breach of warranty contained in a deed, tried before Moore, J., at August Term, 1875, of Edgecombe Superior Court. The case was referred, by consent, at Fall Term, 1874, and at Spring Term, 1875, the report of the referee was filed, and the defendant filed the following exceptions thereto: 1. That the evidence as to the existence of a clause of warranty in the alleged lost deed, is too vague and indefinite to warrant the finding of such fact by the referee; 2. That if he is mistaken, he insists that the measure of damages ought to be the value…

1Opinion of the CourtSettle, J.

By consent of parties, this case was referred to W. H. Johnston, to find and report the facts, and declare the law arising thereon. His report, both as to facts and law, was adopted and confirmed by his Honor, from which judgment the defendant appeals, alleging :

1. That the evidence as to the existence of a clause of war*51ranty or covenant of quiet enjoyment in the- alleged lost deed is too vague and indefinite to warrant the finding of such fact by the referee.

2. That the measure of damages is the value of the Confederate money at the date of its payment by the plaintiff to the defendant’s…

2Cited by2 opinions

  1. Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
  2. Norment v. . BrownSupreme Court of North Carolina · 1878

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