Legal Opinion

Cash Register Co. v. . Townsend

Supreme Court of North Carolina

Decided March 28, 1905PublishedCited by 45 opinions

ActioN by National Cash Register Company against B. W. Townsend, trading as Townsend Grocery Company, heard by Judge Q-. W. War-d and a jury, at the December Term, 1904, of the Superior Court of Robeson County. This was a civil action brought by plaintiff against defendant, in which plaintiff seeks to recover of defendant the sum of $480, balance due under a contract for the purchase of a cash register sold and delivered by plaintiff to defendant.

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ActioN by National Cash Register Company against B. W. Townsend, trading as Townsend Grocery Company, heard by Judge Q-. W. War-d and a jury, at the December Term, 1904, of the Superior Court of Robeson County. This was a civil action brought by plaintiff against defendant, in which plaintiff seeks to recover of defendant the sum of $480, balance due under a contract for the purchase of a cash register sold and delivered by plaintiff to defendant. Tbe plaintiff alleged tbe execution, of tbe contract, tbe delivery of tbe machine thereunder and tbe amount due. Tbe defendant admitted the…

1Opinion of the Court

Brown, J.,

after stating tbe facts. It is unnecessary to consider tbe fifty-tbree exceptions in tbe record. Tbe plaintiff requested tbe Court to charge -that upon tbe whole evidence tbe plaintiff is entitled to recover of tbe defendant tbe sum of $480. We are of opinion tbat such instruction should have been given, or rather tbat at tbe close of tbe evidence, with tbe admissions of tbe parties, such should have been tbe judgment of tbe Court. It'is admitted tbat tbe defendant purchased tbe cash register at tbe price of $505 and that be paid $25 on it; tbat tbe same was delivered to him, and…

2Cases cited4 opinions

  1. Southern Development Co. v. SilvaSupreme Court of the United States · 1888
  2. Hill v. Gettys.Supreme Court of North Carolina · 1904
  3. Saunders v. . HattermanSupreme Court of North Carolina · 1841
  4. Conly v. . CoffinSupreme Court of North Carolina · 1894

3Cited by45 opinions

  1. Ragsdale v. KennedySupreme Court of North Carolina · 1974
  2. Olivetti Corp. v. Ames Business Systems, Inc.Supreme Court of North Carolina · 1987
  3. Calloway v. WyattSupreme Court of North Carolina · 1957
  4. May v. . LoomisSupreme Court of North Carolina · 1905
  5. Whitehurst v. . Insurance Co.Supreme Court of North Carolina · 1908

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