Legal Opinion

Smith v. Newberry.

Supreme Court of North Carolina

Decided February 27, 1906PublishedCited by 5 opinions

Action by Thomas Smith against Y. Z. Newberry and another on appeal from the justice of the peace, heard by Judge E. B. Jones and a jury, at the Eall Term, 1905, of the Superior Court of Carteret. This was an action fox breach of warranty in the sale of a horse. There were no pleadings, oral or written.

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Action by Thomas Smith against Y. Z. Newberry and another on appeal from the justice of the peace, heard by Judge E. B. Jones and a jury, at the Eall Term, 1905, of the Superior Court of Carteret. This was an action fox breach of warranty in the sale of a horse. There were no pleadings, oral or written. The only indication of the plaintiff’s cause of action is found in the warrant or summons issued by the justice of the peace, in which the defendant is commanded to appear and “answer the complaint of Thomas Smith for deceit and breach of warranty and false warranty in that the defendants…

1Opinion of the CourtConnor, J.

The defendants urged two exceptions in this court. The first was to the refusal of His Honor to submit the issue as for a deceit and to charge the jury that the plaintiff must show a scienter. Confusion, in respect to the character of the action, grows out of the failure of the justice to observe the requirement of section 1459, Revisal, that “The complaint must state in a plain and direct manner the facts constituting the cause of action.” This may be done orally and is not required to be “in any particular form, but must be such as to enable a person of common understanding to know what is…

2Cases cited3 opinions

  1. Solomon v. . BatesSupreme Court of North Carolina · 1896
  2. Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
  3. Charlotte Planing Mills v. McNinchSupreme Court of North Carolina · 1888

3Cited by5 opinions

  1. McKinney Ex Rel. McKinney v. PattersonSupreme Court of North Carolina · 1917
  2. Thompson v. SEABOARD AIR LINE RAILROAD COMPANYSupreme Court of North Carolina · 1958
  3. Smith v. . AlphinSupreme Court of North Carolina · 1909
  4. Wilson v. . BatchelorSupreme Court of North Carolina · 1921
  5. Thompson v. SEABOARD AIR LINE RAILROAD COMPANYSupreme Court of North Carolina · 1958

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