Rouss v. . Ditmore

Citations

• 30 S.E. 335
• 122 N.C. 775
• 1898 N.C. LEXIS 349

Syllabus

<p>Action for Goods Sold and Delivered — Statute of Limitations — Fraud—Remedy.</p> <p>1. After an action for goods sold and delivered has been barred by the Statute of Limitations, the discovery by the plaintiff that the vendee used fraud in the purchase of the goods will not revive the cause of action.</p> <p>2. The remedy by the vendor of goods obtained by the fraud of the purchaser, first discovered after the action on the contract has been barred, is by an action for damages under Section 155(9) of The Code as amended by Chapter 269, Acts of 1889.</p>