Alex. Sprunt & Sons v. May
Supreme Court of North Carolina
Appeal from Peebles, J., at April Term, 1911, of New HaNOVER. Civil action to recover damages for an alleged breach of a written contract for delivery of cotton.
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Appeal from Peebles, J., at April Term, 1911, of New HaNOVER. Civil action to recover damages for an alleged breach of a written contract for delivery of cotton. Tbe evidence on part of plaintiff tended to show that on 9 September, 1909, defendant entered into a written contract with plaintiff, agreeing to deliver 100 bales of cotton at Trenton, N. C., between 15 September, 1909, and November, at the price of 12 cents per pound, and plaintiff agreed to accept same and pay the stipulated price. That defendant had failed to deliver said cotton or any part thereof, to plaintiff’s damage $1,000.…
1Opinion of the Court
Hoke, J.,
after stating the case: ¥e have held, in Rodgers v. Bell, ante, 378, in reference to our statute as to gaming contracts, Revisal of 1905, ch. 36, that the words now appearing at the end of section 1689, to wit, “This section shall not be construed so as to apply to any person, firm, corporation, or his or their agent, engaged in the business of manufacturing or wholesale merchandising, in the purchase or sale of the necessary commodities required in the ordinary course of their business,” by correct construction, should appear and only affect section 1691 of said chapter — the…
2Cases cited5 opinions
- McIntire v. PryorSupreme Court of the United States · 1899
- Beeson v. . SmithSupreme Court of North Carolina · 1908
- Corbett v. CluteSupreme Court of North Carolina · 1905
- Black v. . BayleesSupreme Court of North Carolina · 1882
- Harris v. . DelamarSupreme Court of North Carolina · 1844
3Cited by2 opinions
- Corbett v. . CluteSupreme Court of North Carolina · 1905
- Eure v. SabistonCourt of Appeals for the Fourth Circuit · 1912