Blanton v. . Wall

Supreme Court of North Carolina

Blanton v. . Wall

49 N.C. 532

DecidedAugust 5, 1857

StatusPublished

This text of 49 N.C. 532 (Blanton v. . Wall) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blanton v. . Wall, 49 N.C. 532 (N.C. 1857).

Pincite

Opinion

Pearson, J.

The count for a deceit alleges a scienter, and it is necessary to prove the allegation in order to support the count. Put the count for a false warranty does not allege a scienter. The allegation is, that there was a warranty of soundness, and that the warranty was false, in this, that the property was unsound. So, the gist of this count is a breach of the warranty, and there is no ground upon which it is necessary either to allege, or affirm, a scienter. Lassiter v. Ward, 11 Ire. Rep. 443. There is no error.

Per Cueiam. . Judgment affirmed.

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Pearson, J.

The count for a deceit alleges a scienter, and it is necessary to prove the allegation in order to support the count. Put the count for a false warranty does not allege a scienter. The allegation is, that there was a warranty of soundness, and that the warranty was false, in this, that the property was unsound. So, the gist of this count is a breach of the warranty, and there is no ground upon which it is necessary either to allege, or affirm, a scienter. Lassiter v. Ward, 11 Ire. Rep. 443. There is no error.

Per Cueiam. . Judgment affirmed.

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Bluebook (online)

49 N.C. 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanton-v-wall-nc-1857.