L. Harvey & Son v. Pettaway
Supreme Court of North Carolina
Appeal from Peebles, J., at March Term, 1911, of LeNoie. Civil action. The defendant demurred to the complaint. The court rendered judgment sustaining the demurrer. Plaintiff appealed.
1Opinion of the CourtBeowN, J.
The action is brought to recover damages for failure to deliver 25,000 pounds of cotton according to the terms of a written contract.
The plaintiffs allege that for many years they have been and still are dealers in spot cotton. They then set up and make a part of their complaint a contract which contains the usual provisions for the sale of 25,000 pounds of lint cotton to be delivered to plaintiffs at A. C. L. depot, Jacksonville, N. C., on or before 31 December, 1909, at a price therein mentioned. Then follows the following clause, upon which arises the vital question in this appeal:
“Should…
2Cases cited8 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Cleage v. LaidleyCourt of Appeals for the Eighth Circuit · 1906
- Lindeke v. Associates Realty Co.Court of Appeals for the Eighth Circuit · 1906
- Rankin v. Mitchem.Supreme Court of North Carolina · 1906
- State v. McGinnis.Supreme Court of North Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ulman, Magill & Jordan Woolen Co. v. MagillSupreme Court of Georgia · 1923
- Orvis Bros. v. Holt-Morgan MillsSupreme Court of North Carolina · 1917
- Holt v. . WellonsSupreme Court of North Carolina · 1913
- Gladstone v. . SwaimSupreme Court of North Carolina · 1924