Thompson v. Stadiem

Supreme Court of North Carolina

Thompson v. Stadiem

90 S.E.2d 518, 243 N.C. 291, 1955 N.C. LEXIS 585

DecidedDecember 14, 1955

StatusPublished

This text of 90 S.E.2d 518 (Thompson v. Stadiem) 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

Thompson v. Stadiem, 90 S.E.2d 518, 243 N.C. 291, 1955 N.C. LEXIS 585 (N.C. 1955).

Pincite

Opinion

Per Curiam.

After a careful examination of the record we are constrained to hold that the plaintiff offered sufficient evidence to require the submission of issues to a jury. We have here a blind, poorly educated woman who “Brailled” the house in an attempt to ascertain its condition, on the one hand, and an experienced real estate dealer, on the other. There is no evidence that the plaintiff made any payment on the mortgage she executed after she discovered that the house was not properly underpinned and had not passed city inspection as repre[292]*292sented. Hence, there is no sufficient evidence of ratification to bar plaintiff’s recovery.

The judgment entered in the court below is

Affirmed.

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Per Curiam.

After a careful examination of the record we are constrained to hold that the plaintiff offered sufficient evidence to require the submission of issues to a jury. We have here a blind, poorly educated woman who “Brailled” the house in an attempt to ascertain its condition, on the one hand, and an experienced real estate dealer, on the other. There is no evidence that the plaintiff made any payment on the mortgage she executed after she discovered that the house was not properly underpinned and had not passed city inspection as repre[292]*292sented. Hence, there is no sufficient evidence of ratification to bar plaintiff’s recovery.

The judgment entered in the court below is

Affirmed.

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Bluebook (online)

90 S.E.2d 518, 243 N.C. 291, 1955 N.C. LEXIS 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-stadiem-nc-1955.