Buchan v. . King
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at Spring Term, 1921 of Lewoie.. Tbis action was brought to recover damages for a false and fraudulent representation as to the age of a race-horse, which induced, the plaintiffs to purchase the same. The jury returned a verdict for the plaintiff and assessed his damages at $280, and defendant appealed from the judgment.
1Opinion of the CourtWalker, J.
There was evidence for the plaintiff tending to show that the horse, which- was represented to be seven years old, was actually nine years of age, and contrary evidence for the defendant. There was also proof by the defendant that if the representation was made and was not true, the defendant acted upon the reasonable belief that it was true, having been handed a registry, at the time of his purchase, by the man who sold him the horse, wherein it appeared that the animal was but seven years old. The jury, notwithstanding this proof (which was competent as showing defendant’s good faith in…
2Cases cited5 opinions
- Kuhns v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1885
- Morrison v. . HartleySupreme Court of North Carolina · 1919
- Miles v. . WalkerSupreme Court of North Carolina · 1920
- Crawford v. WilliamsSupreme Court of Iowa · 1878
- Perry v. DrurySupreme Court of Iowa · 1881