Supreme Court of North Carolina, 1889

Long v. Fields

Supreme Court of North Carolina · Decided September 15, 1889 · Avery

104 N.C. 221

Cases that cite this one

2 later published cases cite this decision.

Hill v. . Snider (N.C. 1940)
Bowers v. Richmond & Danville Railroad (N.C. 1890)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Avery, J.

— after stating the facts as above: It has been settled by a line of decisions in this Court, and manifestly upon mature consideration, that, where there is a warranty of soundness in the sale of a horse, the vendee may declare *224in tort for a false warranty and add a count in deceit, or, under the new procedure, a second cause of action in the nature of deceit, and though the sum demanded be less than two hundred dollars, the aciion will not be deemed one founded on. contract, and the Superior Court will have jurisdiction. Bullinger v. Marshall, 70 N. C., 520; Ashe v. Gray, 88 N. C., 190; Ibid (rehearing), 90 N. C., 137; Harvey v. Hambright, 98 N. C., 446.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.