Tompkins v. Dallas Cotton Mill
Supreme Court of North Carolina
AgtioN by the D. A. Tompkins Company against the Dallas Cotton Mill, heard by Judge W. A. Holes and a jury, at July Term, 1901, of the Superior Court of Mecklenburg County. Erom the judgment allowing the counter-claim, the plaintiff appealed. Plaintiff brought this action to recover a balance of $15,-789.61 and'interest, for machinery, materials, work and labor furnished and done for defendant under a contract, which is admitted in the answer.
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AgtioN by the D. A. Tompkins Company against the Dallas Cotton Mill, heard by Judge W. A. Holes and a jury, at July Term, 1901, of the Superior Court of Mecklenburg County. Erom the judgment allowing the counter-claim, the plaintiff appealed. Plaintiff brought this action to recover a balance of $15,-789.61 and'interest, for machinery, materials, work and labor furnished and done for defendant under a contract, which is admitted in the answer. Eor a counter-claim, defendant alleges that plaintiff made default in the compliance with its contract, in that it failed to furnish the machinery at…
1Opinion of the Court
It certainly appearing that the witness's estimate was based upon the profits growing out of circumstances then existing, we think his Honor erred in not striking out his entire answer, as moved for by the plaintiff's counsel. And there being no evidence that witness based his estimate or calculation upon any data other than those of profits, his statement, or estimate, should not have been submitted to the jury for consideration. The witness estimated the monthly rental value of the machinery to be $1,500, being the profits derivable from a rising market both as to the raw material purchased…
2Cases cited2 opinions
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Coweta Falls Manufacturing Co. v. RogersSupreme Court of Georgia · 1856
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