Supreme Court of North Carolina, 1915

Fitzgerald Cotton Mills v. Holt, Gant & Holt Cotton Manufacturing Co.

Fitzgerald Cotton Mills v. Holt, Gant & Holt Cotton Manufacturing Co.
Supreme Court of North Carolina · Decided November 24, 1915 · Cueiam
170 N.C. 670

Fitzgerald Cotton Mills v. Holt, Gant & Holt Cotton Manufacturing Co.

Opinion of the Court

Per Cueiam.

The evidence offered by tbe defendant tending to prove a breach of warranty does not support tbe allegations of tbe answer, in which it is not alleged tbat there was a breach of warranty as to workmanship or quality, and as tbe defendant used tbe warps, tbe case is controlled by Parker v. Fenwick, 138 N. C., 209, and Robinson v. Huffstetler, 165 N. C., 459.

No error.

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