Jenkins v. Jarrett
Supreme Court of North Carolina
Civil aotioN, brought to recover the value of a horse, tried upon a case agreed, by Clawlce, J., at the Fall Terra, 1873, of WilsoN Superior Court. Upon the trial, his Honor being of opinion with defendant, gave judgment accordingly, from which judgment the plaintiff appealed. The facts upon which the decision of the Court is based are found fully stated in the opinion of Justice RodmaN.
1Opinion of the CourtRodmaN, J.
This is an action to recover a horse. The case is as follows:
Sometime before the year 1868, Taylor, who owned the horse, sold and delivered to Barnes, and took Barnes’ note for the price. Afterwards he agreed with Barnes to take the horse back and credit Barnes’ note with ‘$200. The horse was not re-delivered to Taylor, Barnes saying he would keep the horse until he got in better condition; nor was Barnes’ note then credited according to the agreement. "While the horse was thus in the possession of Barnes, Taylor agreed to sell him to the plaintiff in payment of a debt which he owed to…
2Cited by9 opinions
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- Brown v. . MitchellSupreme Court of North Carolina · 1889
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919
- Gwyn v. Richmond & Danville R. R.Supreme Court of North Carolina · 1881
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