Buffkins v. . Eason
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1892, of Pasquotank Superior Court, before Solee, J. Tlie plaintiff and defendant were partners, as farmers and stock-raisers, for tlie year 1890, upon terms set out in articles of partnership.
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Civil action, tried at Fall Term, 1892, of Pasquotank Superior Court, before Solee, J. Tlie plaintiff and defendant were partners, as farmers and stock-raisers, for tlie year 1890, upon terms set out in articles of partnership. In August of that year the defendant bought out the interest of the plaintiff in the crop and executed to him the following instrument: “I, D. Eason, do hereby agree to pay M. W. Buff kins or his heirs, on or before the 1st day of January, 1891, two hundred dollars for his entire interest in all the crops which I, the said Eason, have raised on the Carver farm in the…
1Opinion of the Court
Clark, J.:
We concur with his Honor that the force and effect of the contract set out was to place the title to the entire crop in the plaintiff, until the amount therein specified was paid, and hence that claim and delivery would lie. The words, “I further agree that the title to the said crop shall be in the said Buff kins until,”, etc., admit of no other construction. They were so construed when the case was here before, 110 N. C., 264. The case then went back because it did not appear that the execution of the contract of sale was proved. On this trial its execution was admitted by the…
2Cases cited4 opinions
- Waddell v. . SwannSupreme Court of North Carolina · 1884
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- Vincent v. . CorbinSupreme Court of North Carolina · 1881
- Buffkins v. . EasonSupreme Court of North Carolina · 1892
3Cited by5 opinions
- Smith v. French.Supreme Court of North Carolina · 1906
- Moore v. . HurttSupreme Court of North Carolina · 1899
- Satterthwaite v. Ellis.Supreme Court of North Carolina · 1901
- Shuford v. . CookSupreme Court of North Carolina · 1913
- Satterthwaite v. Ellis.Supreme Court of North Carolina · 1901