Murray Co. v. Morgan
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of South Carolina, at Greenville; Henry H. Watkins, Judge. Action by the Murray Company against S. A. Morgan and another, to recover the amount of four notes given for the purchase price of machinery, in which the defendants alleged a breach of warranty and filed a counterclaim for deceit. Judgment for the plaintiff for a part only of the amount claimed, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
In this action on four notes, aggrégating $10,297.97 and interest, the validity of which was admitted, the jury found a verdict for only $4,985.18. The notes were given for balance of the purchase price of machinery for a ginning plant — two for the balance on the engine and two for the balance on the gins and attachments. Separate contracts were made for the engine and the gins, but they were practically cotemporaneous and one transaction. The warranty, identical in both papers, was as follows:
“Said machinery is warranted to be of good material, and to perform well, if…
2Cases cited8 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Shippen v. BowenSupreme Court of the United States · 1887
- Railroad Co. v. SmithSupreme Court of the United States · 1874
- Kimber v. YoungCourt of Appeals for the Eighth Circuit · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Murray Co. v. AshleyCourt of Appeals for the Fourth Circuit · 1922