Hampton Guano Co. v. Hill Live-Stock Co.
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at November Term, 1914, of FRANKLIN. Civil action. Plaintiff is a manufacturer of fertilizers, and defendant a merchant of Louisburg, who deals in fertilizers, selling them on credit to farmers.
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Appeal by plaintiff from Whedbee, J., at November Term, 1914, of FRANKLIN. Civil action. Plaintiff is a manufacturer of fertilizers, and defendant a merchant of Louisburg, who deals in fertilizers, selling them on credit to farmers. On 31 January, 1913, defendant purchased fertilizers from plaintiff under a written contract, the provisions thereof, material to this case, being as follows: “And it is further understood and agreed that the fertilizer named is furnished with the guarantee of analysis printed on the sack, but not of results from its use. Yerbal promises that conflict with the…
1Opinion of the Court
Walker, J.,
after stating the case: When a person buys an article of personal property, he can require an express warranty as to its quality, or he may rely upon the warranty which the law implies in certain sales; but it has been well said that, “when he takes an express warranty, it will exclude an implied warranty on the same or a closely related subject. Thus an express warranty of quality will exclude an implied warranty of fitness for .the purpose intended; but an express warranty on One subject does not exclude an implied warranty on an entirely different subject,” an illustration of…
2Cases cited31 opinions
- De Witt v. BerrySupreme Court of the United States · 1890
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Marsh v. McPhersonSupreme Court of the United States · 1882
26 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Brewington v. LoughranSupreme Court of North Carolina · 1922
- American Fertilizer Specialists, Inc. v. WoodSupreme Court of Oklahoma · 1981
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Perfecting Service Co. v. Product Development & Sales Co.Supreme Court of North Carolina · 1964
29 more not listed; retrieve them via the Exa API.