American Lumber Co. v. Drexel Furniture Co.
Supreme Court of North Carolina
Appeal by defendant from Carter, J., at January Term, 1914, of Haywood. Civil action to recover $750 as damages for a breach of the contract sued on, in failing to deliver the lumber therein sold to the plaintiff. The action .was commenced on 23 June, 1913, returnable to the Jury term of Haywood Superior Court. The complaint was filed on 9 July following.
Read the full summary
Appeal by defendant from Carter, J., at January Term, 1914, of Haywood. Civil action to recover $750 as damages for a breach of the contract sued on, in failing to deliver the lumber therein sold to the plaintiff. The action .was commenced on 23 June, 1913, returnable to the Jury term of Haywood Superior Court. The complaint was filed on 9 July following. No answer was filed at the July or September terms of the court, nor was any since, and at January term, when the court was about to adjourn for the term, judgment by default and inquiry was rendered. At the following May term of the court…
1Opinion of the Court
, WalKER, J.,
after stating the case: This seems to be a very simple case. As there was a judgment by default, the cause of action was admitted, and it being for a breach of contract of defendant to sell and deliver lumber to the plaintiff, there having been a default by the former, the plaintiff would be entitled to recover under the writ of inquiry, which was then being executed by the jury, at least nominal damages, and such actual or substantial damages as it might show had been sustained. It was alleged in the complaint that plaintiff bought the lumber to resell at a profit, and that this…
2Cases cited8 opinions
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Roberts v. BenjaminSupreme Court of the United States · 1888
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Oldham v. . KerchnerSupreme Court of North Carolina · 1878
- American Lumber Co. v. Quiett Manufacturing Co.Supreme Court of North Carolina · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Storey v. . StokesSupreme Court of North Carolina · 1919
- Gaston Farmers Warehouse Co. v. American Agricultural Chemical Co.Supreme Court of North Carolina · 1918
- McCall v. Gloucester Lumber Co.Supreme Court of North Carolina · 1929
- Hunter v. . GersonSupreme Court of North Carolina · 1919
- Sult v. LeonardDistrict Court, W.D. North Carolina · 1954