Etheridge v. Vernoy
Supreme Court of North Carolina
This was a civil actioN tried before Albertson, J., at Bpring Term, 1873, of Beetie Superior Court. The actiou was brought by the plaintiffs as assignees of a penal bond of the defendant given to one Lewis T. Bond, to recover the residue of the moneys due thereon and ior foreclosure of a mortgage executed at the same time, to secure the payment of the bond.
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This was a civil actioN tried before Albertson, J., at Bpring Term, 1873, of Beetie Superior Court. The actiou was brought by the plaintiffs as assignees of a penal bond of the defendant given to one Lewis T. Bond, to recover the residue of the moneys due thereon and ior foreclosure of a mortgage executed at the same time, to secure the payment of the bond. The bond was in these words; “Know all men, by these presents, that I, Milford Yernoy, of the town of Rochester, county of Ulster and State of New York, am held firmly bound unto Lewis T. Bond, of the county of Bertie and State of North…
1Opinion of the Court
ByNüm, J.
In contracts for the sale of land, it is the duty of purchasers to guard themselves against defects of title, quantity, encumbrances and the like; if they fail to do so, it is their own folly, for the law will net afford them a remedy for the consequences of their own negligence. But if representations are made by the bargainor, which may reasonably be relied on by the purchaser, and they constitute a material inducement to the contract, and are false within the knowledge of the party making them, and they cause damage and loss to the party relying on them, and he has acted with…
2Cases cited2 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Credle v. . SwindellSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Bethell v. . McKinneySupreme Court of North Carolina · 1913
- Galloway v. . GoolsbySupreme Court of North Carolina · 1918
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
- Ramsey v. WallaceSupreme Court of North Carolina · 1888
- Woodbury v. . EvansSupreme Court of North Carolina · 1898
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