Legal Opinion

Heiser v. . Mears

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 14 opinions

Civil aotioN, tried at April Special Term, 1896, of BuN-oombb Superior Court, before Hoke, J., and a jury. The plaintiff sued for §347.50, the contract price of a lot of shoes, manufactured for defendants, under their order, which they countermanded before the work was finished. Notwithstanding the rescission plaintiff finished and shipped the goods to defendants.

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Civil aotioN, tried at April Special Term, 1896, of BuN-oombb Superior Court, before Hoke, J., and a jury. The plaintiff sued for §347.50, the contract price of a lot of shoes, manufactured for defendants, under their order, which they countermanded before the work was finished. Notwithstanding the rescission plaintiff finished and shipped the goods to defendants. The jury found the issues in. favor of the plaintiff, but, under tbe charge of his Honor that the measure of damages was the difference between the contract price and the.market value of the shoes at the time they were to have been…

1Opinion of the Court

EatbclotK, C. J.:

The defendants, retail merchants in Asheville, N. Ü., on May 21,1894', contracted with the plaintiff, a wholesale manufacturer of Baltimore, Md., for a lot of shoes to be soon thereafter manufactured and delivered. On May 26, 1894, the plaintiff received written notice from the defendants not to 'make the shoes, and that the defendants could not take them. At that time the plaintiff “had cut the leather for the uppers preparatory to making the shoes and partly fitted them to the lasts.’’ The plaintiff refused to accept the countermand, finished the shoes and tendered their to…

2Cases cited2 opinions

  1. Hosmer v. WilsonMichigan Supreme Court · 1859
  2. Devane v. . FennellSupreme Court of North Carolina · 1841

3Cited by14 opinions

  1. Poinsettia Dairy Products, Inc. v. the Wessel Co.Supreme Court of Florida · 1936
  2. Lamborn & Co. v. Hollingsworth & HatchSupreme Court of North Carolina · 1928
  3. West Construction Co. v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1923
  4. Rockingham County v. Luten Bridge Co.Court of Appeals for the Fourth Circuit · 1929
  5. W. J. Holliday & Co. v. Highland Iron & Steel Co.Indiana Court of Appeals · 1909

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