63 S.E. 676 | N.C. | 1909
This action was brought to recover damages for a breach of contract in the sale of an engine by the plaintiff to the defendant. It appears that the plaintiff agreed to sell and deliver to the defendant a Corliss engine of a certain description and weight, and that the engine, which was delivered under the contract, was not of that description or weight and was defective in other respects. The contract contains the following clause:
Warranty. — "It is understood and agreed that the foregoing specifications are intended to cover one of our standard heavy-duty girder-frame Corliss engines, as above specified, to be of the dimensions named, complete in all its parts, made throughout of first-class material and workmanship; to perform in a proper manner when properly handled, and to give the best results obtainable from an engine of this type under similar conditions."
The issues, with the answers thereto, were as follows:
1. "In what sum, if any, is the defendant indebted to the plaintiff?" Answer: "Two hundred and fifty-seven dollars and two cents, and interest from 31 December, 1906."
2. "Did the plaintiff company warrant the engine in question, as alleged in the answer?" Answer: "Yes."
3. "Did the said engine conform to and satisfy the terms of said warranty, as alleged?" Answer: "No."
4. "What are defendant's damages?" Answer: "Three hundred (151) and twenty-five dollars."
Plaintiff moved for a new trial; the motion was overruled and judgment entered upon the verdict, whereupon plaintiff appealed.
The principal question in this case, and, indeed, the only one necessary to be considered by us, relates to that part of the charge of the court upon the measure of damages to which the plaintiff excepted, namely, "that the measure of defendant's damages is the difference, if the jury should find there was a difference, between the value of the engine received and what it would have cost the defendant to purchase such an engine as that described in *124
the contract and warranty in the case." After giving this charge, the court fully instructed the jury as to the facts and circumstances they might consider in determining the value of the engine delivered and the cost of such an engine as is described in the contract, and to this part of the charge there was no exception. The question raised by the plaintiff's exception does not require much, if any, discussion, as the rule for measuring the damages in cases like this one has been settled by the decisions of this Court. In Parker v. Fenwick,
We have carefully examined the case, and find no error in the rulings of the court to which the other exceptions were taken.
No error.
Cited: Guano Co. v. Live-Stock Co.,
(153)