Cable Co. v. . MacOn
Supreme Court of North Carolina
Appeal from Cooke, J., at tbe October Term, 1909, of FRANKLIN. Civil action to recover balance due on purchase price of piano. Defendant, admitting tbe contract of purchase and a balance due of $60.00 with interest, answered further and alleged a breach of warranty in the contract of sale and damage by reason of such breach. Plaintiff replied admitting the warranty and denying breach thereof or damage.
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Appeal from Cooke, J., at tbe October Term, 1909, of FRANKLIN. Civil action to recover balance due on purchase price of piano. Defendant, admitting tbe contract of purchase and a balance due of $60.00 with interest, answered further and alleged a breach of warranty in the contract of sale and damage by reason of such breach. Plaintiff replied admitting the warranty and denying breach thereof or damage. The jury rendered the following verdict: 1. What is the amount due on the note? Answer: $60 and interest. 2. Was there a breach of the warranty? Answer: Yes. 3. What damage, if any, is the…
1Opinion of the CourtHoke, J.
The only exception urged for error is to the charge of the court on the issue as to the amount of damages. It is well established that when there has been a breach of warranty of quality in the sale of goods, the buyer may retain the goods and recover for the breach by way of counterclaim to an action by the vendor for the purchase price. And in case of goods having a market value, the correct rule for admeasuring the damages is prima facie the difference in the market value at the time and place of delivery, between the goods as they were and as they would have been if they had complied with…
2Cases cited4 opinions
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
- Huyett & Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1900
- Huyett-Smith Manufacturing Co. v. GraySupreme Court of North Carolina · 1901
3Cited by9 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Hendrix v. B & L Motors, Inc.Supreme Court of North Carolina · 1955
- Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
- Winn v. . FinchSupreme Court of North Carolina · 1916
- Price v. . HoneycuttSupreme Court of North Carolina · 1939
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