American Potato Co. v. Jenette Bros.
Supreme Court of North Carolina
Appeal by plaintiff from Coolee, J., at November Term, 1915, of Pas-QUOTANK. Plaintiff sued to recover damages for a breach of contract in the sale of potatoes.
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Appeal by plaintiff from Coolee, J., at November Term, 1915, of Pas-QUOTANK. Plaintiff sued to recover damages for a breach of contract in the sale of potatoes. It was agreed between the parties that on 25 October, 1912, plaintiff would sell and deliver at Elizabeth City, N. 0., 1,000 sacks of potatoes, known in the trade as Irish Cobbler and White Bliss, at $2.90 per sack of 11 pecks, the same to be sacked and shipped between 1 January, 1916, and 28 February, 1916, in cars of 250 sacks each, upon receipt of a written order of shipment from the defendants two weeks before the first named…
1Opinion of the Court
"WalkeR, J.,
after staling the case: The parties had the legal right to make their own contract, and if it is clearly expressed, it must be enforced as it is written. We have no power to alter the agreement, but are bound to interpret it according to its plain language. There is no rule of evidence better settled than that prior negotiations and treaties are merged in the written contract of the parties, and the law excludes parol testimony offered to contradict, vary, or add to its terms as expressed in the writing. Moffitt v. Maness, 102 N. C., 547. The principle lies at the very foundation…
2Cases cited23 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Wilkie v. New York Mutual Life InsuranceSupreme Court of North Carolina · 1908
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Cumming v. . BarberSupreme Court of North Carolina · 1888
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jones v. Palace Realty Co.Supreme Court of North Carolina · 1946
- Jones v. . CasstevensSupreme Court of North Carolina · 1942
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
- Harrison v. . R. R.Supreme Court of North Carolina · 1948
- Jaftex Corporation and Insurance Company of North America v. Aetna Casualty and Surety Company and Randolph Mills, Inc.Court of Appeals for the Fourth Circuit · 1980
10 more not listed; retrieve them via the Exa API.