Yates v. WF MICKEY BODY COMPANY
Supreme Court of North Carolina
1Opinion of the CourtSharp, J.
Neither the pleadings nor the evidence clearly delineates this controversy. The submission of but one issue further blurred the picture and made the charge to the jury an extremely hazardous judicial operation.
The plaintiff’s complaint, we believe, was intended to allege an express contract by defendant to pay $4,461.43 for the 5,000 catalogs in question. In its answer, defendant denied the contract as alleged in the complaint as well as plaintiff’s performance of it. Defendant denied any agreement to pay a specific amount for the catalogs but alleged that it was ready, willing, and able to…
2Cases cited7 opinions
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Thormer v. LEXINGTON MAIL ORDER COMPANYSupreme Court of North Carolina · 1954
- Bailey v. City of RaleighSupreme Court of North Carolina · 1902
- Harris v. SharplesSupreme Court of Pennsylvania · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cantrell v. Woodhill Enterprises, Inc.Supreme Court of North Carolina · 1968
- Carolina Helicopter Corp. v. Cutter Realty Co.Supreme Court of North Carolina · 1964
- Ellis Jones, Inc. v. Western Waterproofing Co.Court of Appeals of North Carolina · 1984
- Harvel's, Inc. v. EgglestonSupreme Court of North Carolina · 1966
- Whitley v. ReddenSupreme Court of North Carolina · 1970
6 more not listed; retrieve them via the Exa API.