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Hinson v. Jefferson

Supreme Court of North Carolina
215 S.E.2d 102 (1975)

Written by Sean Carroll, JD

Facts

Defendants sold a parcel of land to the plaintiff and conveyed it by a deed that restricted it to residential use. There was no town sewage system, so the plaintiffs had to install a septic system. Upon inspection by county and federal health officials, it was determined that the land was subject to flooding and not high enough to allow for a septic system. Neither the plaintiff nor the defendants knew about this when the sale was completed. There was no express warranty in the deed. The plaintiff brought suit on a theory of implied warranty. The trial court found in favor of the defendants and the court of appeals reversed. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Copeland, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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