Hall Furniture Co. Inc v. Crane Breed Mfg. Co
Decision Date | 28 April 1915 |
Docket Number | (No. 368.) |
Citation | 85 S.E. 35,169 N.C. 41 |
Court | North Carolina Supreme Court |
Parties | HALL FURNITURE CO., Inc. v. CRANE BREED MFG. CO. |
Appeal from Superior Court, Guilford County; Devin, Judge.
Action by the Hall Furniture Company against the Crane Breed Manufacturing Company. Judgment for plaintiff, and defend ant appeals. No error.
This is an action to recover $100 which the plaintiff paid to the defendant as the purchase price of a secondhand hearse, which was shipped to the plaintiff after the payment of the money and before he had seen the hearse. The plaintiff refused to accept the hearse because, as he alleged, it was worthless. The contract of sale was entered into by correspondence. On February 27, 1913, plaintiff wrote the defendant: "We are in the market for a good secondhand funeral car—light weight preferred." On March 1, 1913, defendant answered saying:
This letter inclosed a cut of R. J., 710. On March 5, 1913, plaintiff wrote:
"If the 710 you speak of in Fayetteville, Tenn., is in good condition, and like the cut you sent us, and will take any size casket—all complete—we will send you check for one hundred dollars for the same."
On March 7th defendant wrote plaintiff:
On March 10th plaintiff sent defendant check for $100, and in his letter stated that he was buying R. J., 710, with the understanding "that it is like the cut sent me and in good condition." On March 12th the defendant wrote the following letter to the plaintiff:
The plaintiff offered evidence tending to prove that the hearse was of no value and worthless, that there were no wheels on the hearse, and that those sent with it were not of sufficient strength to hold it up because some of the spokes were out and a part of the felloes loose, and that the top was weatherworn and rotten so you could tear it off with the hand, and a part of the woodwork was decayed and in bad shape. The defendant offered no evidence as to condition of the hearse. His honor charged the...
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