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46 N.C. 507

Duckworth v. . Walker

Supreme Court of North Carolina

Decided August 5, 1854

Supreme Court of North Carolina · decided 1854-08-05

ACTION in the case for a Deceit in the sale of a mule, triéd before his Honor Judge Dick at the Spring Term, 1854, of Burke Superior Court. The defendant offered for sale, at public auction, a male mule, which had not been castrated, but which had the usuaj. visible-developments in the scrotum.

Decided 1854-08-05

Battle, J.

¶1 We cannot conceive of any principle upon which the decision of his Honor can be impugned. The plaintiff’s «ounsel acknowledge that they have been unable to find any authority opposed to it, and we should require a very direct and strong one against it, before we could feel ourselves at liberty to everrúle it. The mule was in good health, and was possessed of all the parts, with which nature had endowed him, and therefore, was sound in law as well as in fact. But if the want of castration could be deemed unsoundness, “the usual visible developments on the scrotum” which the plaintiff might have seen, had he looked as well before as after the sale, were sufficient to have admonished him, “ caveat emptor.” The jury were properly instructed, and the judgment upon their verdict, in favor of the defendant, must be affiimed.

¶2 Per Curiam. Judgment affirmed.

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