Supreme Court of North Carolina September 29, 1915 (Bland v. International Harvester Co.)

Clark, 0. J.

There is no allegation in tbe complaint of mutual mistake, or of fraud on tbe part of tbe defendant. Tbe plaintiff relies upon certain verbal warranties wbicb be alleges were made by tbe sales agent of tbe defendant, and not upon breach of any of tbe warranties in tbe written contract set out in tbe record, marked Exhibit I. This contract was put in evidence by tbe plaintiff himself.