Kime v. . Riddle
Supreme Court of North Carolina
CrviL ACTION, tried before Kerr, J., and a jury, at May Term, 1917, of Alamance. .Plaintiff sued upon a note for $150, given by the defendant to him for the price of a gray horse.
Read the full summary
CrviL ACTION, tried before Kerr, J., and a jury, at May Term, 1917, of Alamance. .Plaintiff sued upon a note for $150, given by the defendant to him for the price of a gray horse. Defendant set up a counterclaim, after admitting the execution of 'the note, and alleged therein that plaintiff had expressly warranted the gray horse to be sound and all right, and one that would do defendant’s business, and after he was tried, if the representation or warranty- was found to be untrue, plaintiff would make it good by exchange for another horse or in money. Defendant gave another horse, valued at…
1Opinion of the Court
Walker, J.,
after stating the case: There was practically no controversy as to .the warranty of the gray horse, though if there had been plaintiff would have no ground of complaint, as the court required the jury to find whether or not there was such a warranty. There was some dispute as to subsequent events, and particularly as to what occurred when the defendant went to the plaintiff’s stable with the gray horse for the purpose of returning him and getting another horse in his place, as the gray horse was not such as represented in the warranty. This controversy was fairly submitted to the…
2Cases cited5 opinions
- Cash Register Co. v. . TownsendSupreme Court of North Carolina · 1905
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
- Turner Bros. v. ClarkeSupreme Court of Georgia · 1915
- Hodges v. SmithSupreme Court of North Carolina · 1912
3Cited by3 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Hendrix v. B & L Motors, Inc.Supreme Court of North Carolina · 1955
- Troitino v. . GoodmanSupreme Court of North Carolina · 1945