Dail v. Taylor
Supreme Court of North Carolina
Appeal by plaintiff from Cooke, J., Spring Term, 1909, of Pamlico. There was evidence tending to show that at the time of the injury, and some time prior thereto, defendant was engaged in the business of manufacturing, bottling and sale of a beverage called Coca-Cola, and other soft drinks; that plaintiff and a Mr. Mann were engaged in business and dealt in soft drinks, and from time to time bought quantities of these soft drinks of defendant, and resold same by retail to…
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Appeal by plaintiff from Cooke, J., Spring Term, 1909, of Pamlico. There was evidence tending to show that at the time of the injury, and some time prior thereto, defendant was engaged in the business of manufacturing, bottling and sale of a beverage called Coca-Cola, and other soft drinks; that plaintiff and a Mr. Mann were engaged in business and dealt in soft drinks, and from time to time bought quantities of these soft drinks of defendant, and resold same by retail to their customers. E. M. Dail, plaintiff, speaking more directly to the occurrence, testified as follows: “I am plaintiff.…
1Opinion of the Court
Hoke, J.,
after stating the case: The plaintiff in this case was the purchaser of the goods, or one of them, and therefore the many authorities cited as to when and to what extent a vendor is responsible to third persons for negligent default in the sale of goods do not, in strictness, apply; and, there being no evidence tending to show a breach of warranty, express or implied, the appeal presents the question whether there is sufficient evidence of actionable negligence ás between vendor and vendee to carry the ease to the jury; that is, has there been legal evidence offered tending to show a…
2Cases cited5 opinions
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
- Fitzgerald v. RailroadSupreme Court of North Carolina · 1906
- Glaser v. SeitzNew York Supreme Court · 1901
3Cited by66 opinions
- Escola v. Coca Cola Bottling Co.California Supreme Court · 1944
- Springs v. . DollSupreme Court of North Carolina · 1929
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Cashwell v. Fayetteville Pepsi-Cola Bottling WorksSupreme Court of North Carolina · 1917
- Enloe v. Charlotte Coca-Cola Bottling Co.Supreme Court of North Carolina · 1935
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