Southern Cotton Oil Co. v. Shore
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at April Term, 1915, of WayNE. Civil action. Tbe plaintiff sought to recover damages for the breach of a contract, dated 15 October, 1913, which was alleged to have been made between it and the defendants for the sale of certain “mill-run linters” and “second-cut linters,” the defendants, as alleged, having-agreed to take the entire output of the plaintiff’s mill for the season of the years 1913 and 1914, and plaintiffs agreeing to deliver…
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Appeal by plaintiff from Bond, J., at April Term, 1915, of WayNE. Civil action. Tbe plaintiff sought to recover damages for the breach of a contract, dated 15 October, 1913, which was alleged to have been made between it and the defendants for the sale of certain “mill-run linters” and “second-cut linters,” the defendants, as alleged, having-agreed to take the entire output of the plaintiff’s mill for the season of the years 1913 and 1914, and plaintiffs agreeing to deliver them, as fast as they could be made ready for shipment, at the prices stated in the contract. The question as to the…
1Opinion of the Court
“WalkeR, J.,
after stating the case: There was a petition in this Court for a certiorari to bring up the evidence and the judge’s charge, which do not appear in the record, for the purpose of showing, as stated by counsel, the materiality of the 1th and 8th issues, if this Court failed to reverse the ruling upon plaintiff’s voluntary tender of a nonsuit. But in the view we take of the case it is unnecessary to consider the petition.
A voluntary nonsuit is an abandonment of his cause by a plaintiff who allows a judgment for costs to be entered against him by absenting himself, or failing to…
2Cases cited3 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Graham v. . TateSupreme Court of North Carolina · 1877
- Cahoon v. . BrinkleySupreme Court of North Carolina · 1915
3Cited by10 opinions
- Cutts v. CaseySupreme Court of North Carolina · 1971
- Ex Parte HartwellSupreme Court of Alabama · 1939
- McFetters v. . McFettersSupreme Court of North Carolina · 1941
- Federal Reserve Bank of Richmond v. KalinCourt of Appeals for the Fourth Circuit · 1935
- J. Schnarr & Co. v. Virginia-Carolina Chemical Corp.Supreme Court of Florida · 1934
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