Whitlock v. Auburn Lumber Co.
Supreme Court of North Carolina
Civil action, beard by Long, J., upon exceptions to report of referee, at April Term, 190Y, of the Superior Court of New Hanover County.
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Civil action, beard by Long, J., upon exceptions to report of referee, at April Term, 190Y, of the Superior Court of New Hanover County. The Acme Machine Works sold to the Auburn Lumber Company certain machinery and personal property for $2,YY0, of which sum $1,000 was paid in cash, and the balance of the purchase money was secured by two notes, due, respectively, 23 February and 24 April, 1903. On these notes payments weré made which reduced the balance due on 15 December, 1906, including interest, to $9Y3.36. In the contract of sale it was stipulated that, if the Auburn Lumber Company…
1Opinion of the Court
Walkee, J.,
after stating the case: It cannot be well denied that, under the prior decisions of. this Court, the transaction between the Acme Machine Works and the Auburn Lumber Company constitutes a conditional sale of the property described in their contract. The agreement was, that the former should sell and the latter should buy the machinery and other property, to be delivered at once for the stipulated price. A part of the purchase money was paid in cash, and for the remainder the lumber company executed its notes, by which it absolutely and unconditionally promised to pay the sums…
2Cases cited20 opinions
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- Dunbar v. RawlesIndiana Supreme Court · 1867
- Harwood v. Shoe.Supreme Court of North Carolina · 1906
- Snyder v. MurdockSupreme Court of Missouri · 1872
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3Cited by7 opinions
- Miller's Mut. Fire Ins. Ass'n of Alton, Ill. v. ParkerSupreme Court of North Carolina · 1951
- Mullen v. SawyerSupreme Court of North Carolina · 1971
- Holt Manufacturing Co. v. JaussaudWashington Supreme Court · 1925
- Albemarle Lumber Co. v. . WilcoxSupreme Court of North Carolina · 1890
- Sutton v. . DavisSupreme Court of North Carolina · 1906
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