DRAUGHON v. MADDOX

No. 677.

75 S.E.2d 917 (1953)

237 N.C. 742

DRAUGHON v. MADDOX et al.

Supreme Court of North Carolina.

May 20, 1953.


Attorney(s) appearing for the Case

Thomas H. Williams, Fayetteville, for plaintiff-appellant.

Smith, Sapp, Moore & Smith, Greensboro, Henry L. Anderson, Fayetteville, for defendants-appellees.


WINBORNE, Justice.

Defendants base their defense to this action of plaintiff upon the theory that the cow in question, having been sold at a public livestock market, regulated by statute, under the circumstances detailed by the stipulated facts, was sold for immediate slaughter, and for human consumption, G.S. § 106-409, and, that, hence, a sale so conducted under such circumstances created an implied warranty by plaintiff, the seller, that the cow was fit for...

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