A. Collins Lumber Co. v. Kingsdale Lumber Co.
Supreme Court of North Carolina
AotioN, tried before Webb, J., and a jury, at October Term, 1918, of Mecklenburg. The action was to recover damages of defendant for alleged wrongful failure to ship six carloads of lumber from defendant’s mills at Lum-berton, N. C., pursuant to a contract between the parties. On denial of liability and issues submitted, there was verdict for defendant. Judgment; plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
The facts in evidence tended to show that on 14 March, 1917, plaintiff, a lumber dealer with home office in Charlotte, N. C., ordered of defendant company, operating a mill at Lumberton, ten carloads of lumber of a specified kind, six to Buffalo, N. Y., and four to Newark, N. J., £. o. b. ears Lumberton, N. C., four of the cars to Buffalo Laving been skipped pursuant to order and about wkick tkere was no dispute. In accepting tkis order by letter, of date 17th Marck, inst., defendant company closed tke contract in terms as follows: “We enclose kerewitk acceptance of orders for ten cars 4x4…
2Cases cited5 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Penn v. Standard Life InsuranceSupreme Court of North Carolina · 1912
- Marcom v. Durham & Southern Railway Co.Supreme Court of North Carolina · 1914
3Cited by8 opinions
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925
- First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
- R. R. v. . HegwoodSupreme Court of North Carolina · 1930
- Riverview Milling Co. v. State Highway CommissionSupreme Court of North Carolina · 1925
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