Frick Co. v. Boles
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at August Term, 1914, of Stjbby. Action to recover the balance due on notes executed for the purchase price of certain machinery and to subject certain property conveyed to the payment thereof.
Read the full summary
Appeal by plaintiff from Lyon, J., at August Term, 1914, of Stjbby. Action to recover the balance due on notes executed for the purchase price of certain machinery and to subject certain property conveyed to the payment thereof. On 25' June, 1908, the plaintiff through its agent, Dellinger of Salisbury, together with E. A. Griffith of Winston-Salem, sold to the defendant Boles a portable engine and thresher, the purchase price to be $875. The machine was delivered on 6 July, 1908, and the defendant paid cash $100 at the time of the delivery, and executed three notes of $194, all dated 6 July,…
1Opinion of the CourtAlleN, J.
There was error in submitting tbe fifth issue to tbe jury, because there is neither- allegation nor proof that tbe time provided in tbe contract was not a reasonable time for tbe examination of tbe machinery purchased, and tbe question as to whether five days is a reasonable time in contracts like tbe one before us does not arise.
On tbe contrary, tbe evidence introduced by tbe defendant shows that be knew of tbe defects of which be now complains, if they existed, on tbe first day tbe machinery was operated, and that instead of its condition improving, it grew worse.
Tbe defendant himself…
2Cases cited6 opinions
- W. F. Main Co. v. FieldSupreme Court of North Carolina · 1907
- Robinson v. . HuffstetlerSupreme Court of North Carolina · 1914
- Main v. Griffin.Supreme Court of North Carolina · 1906
- Bank v. . WalserSupreme Court of North Carolina · 1913
- Moore v. . PiercySupreme Court of North Carolina · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Whiteheart v. GrubbsSupreme Court of North Carolina · 1950
2 more not listed; retrieve them via the Exa API.