C. B. Coles & Sons Co. v. Standard Lumber Co.
Supreme Court of North Carolina
Action tried before O. H. Allen, J., and a jury, at November Term, 1908, of Craven. Plaintiff, on 17 December, 1906, entered into a contract with defendant, the material parts whereof are: “This agreement, made this 17 December, 1906, by and between O. I. DeBruhl and Milton Prescott, trading as the Standard Lumber Company (not incorporated), New Bern, N. C., parties of the first part, and C. B. Coles & Sons Co., a corporation duly created and existing under the laws of the…
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Action tried before O. H. Allen, J., and a jury, at November Term, 1908, of Craven. Plaintiff, on 17 December, 1906, entered into a contract with defendant, the material parts whereof are: “This agreement, made this 17 December, 1906, by and between O. I. DeBruhl and Milton Prescott, trading as the Standard Lumber Company (not incorporated), New Bern, N. C., parties of the first part, and C. B. Coles & Sons Co., a corporation duly created and existing under the laws of the State of New Jersey, Camden, N. J\, party of tbe second part, witnesses: That the said party of the first part, in…
1Opinion of the Court
Connor, J.,
after stating the case: Tlie controversy, in regard to plaintiff’s right to recover the lumber on the yard, is dependent upon the construction of the contract and the conduct of plaintiff respecting its performance of the stipulation thereof. The evidence upon this last question was conflicting. The contract is executory, and until all of the stipulations contained in it were performed, or, at least, performance with readiness and ability tendered and refused, no title vested in plaintiff. These aspects of the case were fully explained to the jury by his Honor, followed by the…
2Cases cited3 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Hughes v. Knott.Supreme Court of North Carolina · 1905
- Greene v. GoddardMassachusetts Supreme Judicial Court · 1845
3Cited by8 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Elks v. . Insurance CoSupreme Court of North Carolina · 1912
- Elks v. North State InsuranceSupreme Court of North Carolina · 1912
- Norwood v. . CrowderSupreme Court of North Carolina · 1919
- Norwood v. CrowderSupreme Court of North Carolina · 1919
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