Legal Opinion

Cobb v. Dibrell Bros.

Supreme Court of North Carolina

Decided January 28, 1935Published

1Opinion of the CourtBbogdbN, J.

The chief questions of law presented for solution are as follows:

1. Was there any competent evidence of a valid contract of sale of the shares of stock in controversy to the plaintiff ?

2. Was such contract abandoned or relinquished?

3. Did the trial judge correctly instruct the jury?

It is familiar learning that offer and acceptance are the essential elements of a valid contract of sale. The offer must be complete, communicated and accepted in its exact terms. Rucker v. Sanders, 182 N. C., 607, 109 S. E., 857; Overall Co. v. Holmes, 186 N. C., 428, 119 S. E., 817; Gravel Co. v. Casualty Co.,…

2Cases cited14 opinions

  1. Barnhardt v. . SmithSupreme Court of North Carolina · 1882
  2. Smiley v. . PearceSupreme Court of North Carolina · 1887
  3. McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
  4. Brunhild v. . FreemanSupreme Court of North Carolina · 1877
  5. Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926

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