Smith v. . Alphin
Supreme Court of North Carolina
Appeal from Neal, J., at August Term, 1908, of WayNE. The plaintiff alleged two causes of action, i. e., false warrant in thp sale of certain letters patent for an improved fumigating apparatus, wMcb, in connection with, certain sanitary powders, “would preserve all fruits and vegetables at a nominal cost,” and also for deceit and false representation in tbe sale thereof, the said powders being alleged by plaintiff to be hurtful/ their use contrary to law, and valueless.
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Appeal from Neal, J., at August Term, 1908, of WayNE. The plaintiff alleged two causes of action, i. e., false warrant in thp sale of certain letters patent for an improved fumigating apparatus, wMcb, in connection with, certain sanitary powders, “would preserve all fruits and vegetables at a nominal cost,” and also for deceit and false representation in tbe sale thereof, the said powders being alleged by plaintiff to be hurtful/ their use contrary to law, and valueless. The answer was a full denial. Yerdict for defendant, and appeal by plaintiff.
1Opinion of the CourtClark, C. J.
Exceptions 1, 4, 5, 6, 9, 10 and 12 are abandoned, not being set out in appellant’s brief. Rule 34.
Exception 2 was for refusal to submit issues as to the second cause of action — for deceit and misrepresentation. But there was no evidence to justify the submission of those issues. The, plaintiff relies upon his evidence, that the defendant did not divulge the nature of the powders — charcoal and sulfur — until after he had paid, and that the State law forbade the use of sulfur. Laws 1905, ch. 306, sec. 3. If this law aq>plied to this case, this might have been a defense if the defendant had…
2Cases cited5 opinions
- Leathers v. Blackwell Durham Tobacco Co.Supreme Court of North Carolina · 1907
- E. S. Shelby Vinegar Co. v. HawnSupreme Court of North Carolina · 1908
- Baum v. . StevensSupreme Court of North Carolina · 1842
- Smith v. Newberry.Supreme Court of North Carolina · 1906
- Beasley v. Surles.Supreme Court of North Carolina · 1906
3Cited by2 opinions
- People v. SellMichigan Supreme Court · 1945
- Garner v. KearnsSupreme Court of North Carolina · 1962