Davidson v. Diamond Furniture Co.
Supreme Court of North Carolina
ActioN, tried before Long, J., and a jury, at July Term, 1918, of Ieedbll. This action was brought (with claim and delivery) for a lot of lumber. Plaintiff contracted to sell tbe defendant a lot of poplar lumber at $21 per thousand, delivered, subject to the measurement of the defendant. . There was nothing said as to when the payment was to be made. The defendant hurried plaintiff to get the lumber to its plant.
Read the full summary
ActioN, tried before Long, J., and a jury, at July Term, 1918, of Ieedbll. This action was brought (with claim and delivery) for a lot of lumber. Plaintiff contracted to sell tbe defendant a lot of poplar lumber at $21 per thousand, delivered, subject to the measurement of the defendant. . There was nothing said as to when the payment was to be made. The defendant hurried plaintiff to get the lumber to its plant. Snow was on the ground and the weather bad, but plaintiff got out the car of lumber and delivered it on defendant’s yard ready for measurement and payment. Plaintiff went over to the…
1Opinion of the Court
WalKEb, J.,
after stating the case: The case shows that plaintiff contracted to sell the lumber upon the condition that it should be deliv-. ered to the defendant, for the purpose of being measured to ascertain the price, at $21 per thousand feet, delivered. The clear intention of the parties as gathered from.the undisputed testimony was that defendant should receive the lumber, measure it, and pay the price. The delivery was made to it at its mill, not for the purpose of passing the title, but in order that defendant could ascertain the price to be paid, and pay it, when the title should pass…
2Cases cited3 opinions
- Grandy v. . McCleeseSupreme Court of North Carolina · 1855
- Millhiser v. . ErdmanSupreme Court of North Carolina · 1887
- Hughes v. Knott.Supreme Court of North Carolina · 1906
3Cited by3 opinions
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
- Weddington v. BoshamerSupreme Court of North Carolina · 1953