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Hinson v. Jefferson

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


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

Issue

Holding and Reasoning (Copeland, J.)

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