Underwood v. Coburn Motor Car Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at January Term, 1914, of PERQUIMANS. This is a civil action tried upon these issues: 1. Did the defendant warrant the car, as alleged? Answer: Yes. 2. If so, was said car as warranted? Answer: No. 3. What damage, if any, is the plaintiff entitled to recover? Answer: Five hundred dollars ($500). From the judgment rendered, the defendant appealed.
1Opinion of the CourtBrowN, J.
This action is brought to recover damages from the defendant for an alleged breach of warranty in the sale of an E. M. F. car. The plaintiff alleged that at the time of and as an inducement to the purchase of the car the defendant warranted the same, as alleged in the complaint. The defendant denied that it warranted the car, and alleged that, if it did, the warranty was made after the sale without consideration and was nudum pactum.
There are a number of exceptions set out in the record, which we will not consider seriatim,. The several assignments of error present three matters for…
2Cases cited6 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Kester Bros. v. Miller Bros.Supreme Court of North Carolina · 1896
- Huyett & Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1900
- Pemberton v. DeanSupreme Court of Minnesota · 1902
- Reiger v. Worth.Supreme Court of North Carolina · 1902
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3Cited by9 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Nationwide Mutual Insurance v. Don Allen Chevrolet Co.Supreme Court of North Carolina · 1960
- Hendrix v. B & L Motors, Inc.Supreme Court of North Carolina · 1955
- Lilley v. Manning Motor CompanySupreme Court of North Carolina · 1964
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