Pearsall & Co. v. Eakins
Supreme Court of North Carolina
Appeal by defendant from Bond,, J., at February Term, 1922, of New HaNover. This was an action brought by tbe plaintiff for tbe recovery of a certain sum of money due by contract, and secured by a crop lien, executed by tbe defendant to tbe plaintiff, for tbe purchase of certain fertilizers.
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Appeal by defendant from Bond,, J., at February Term, 1922, of New HaNover. This was an action brought by tbe plaintiff for tbe recovery of a certain sum of money due by contract, and secured by a crop lien, executed by tbe defendant to tbe plaintiff, for tbe purchase of certain fertilizers. Tbe defendant admitted tbe purchase of tbe fertilizers and tbe execution of tbe contract, and that same bad not been satisfied, but defendant set up a counterclaim for damages to bis crops, alleging that tbe fertilizer did not come up to tbe guaranteed analysis, and that it bad borax in it, and that borax…
1Opinion of the CourtWalker, J.
The only question, as it seems to us, except as stated, which is presented to the Court for decision in this case is whether the cross-action on the counterclaim can be brought when it is admitted that the provisions of C. S., 4697, were in no respect complied with. We understand the defendant to virtually admit that to be the only question, and he insists that under the case of Tomlinson v. Morgan, 166 N. C., 557, such an action is maintainable.
We deem it sufficient to say that since that case was decided, the Legislature has changed the statute, and for the express purpose of requiring the…
2Cases cited5 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Carter v. . McGillSupreme Court of North Carolina · 1915
- Armour Fertilizer Works v. AikenSupreme Court of North Carolina · 1918
- Carter v. . McGillSupreme Court of North Carolina · 1916
3Cited by6 opinions
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Swift v. . EtheridgeSupreme Court of North Carolina · 1925
- Swift & Co. v. EtheridgeSupreme Court of North Carolina · 1925
- Fertilizer Works v. . AikenSupreme Court of North Carolina · 1918
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