Donaldson v. Benton
Supreme Court of North Carolina
This was an action of Assumpsit, brought to recover damages for a breach of contract in not delivering hogs. The plaintiff alleged, upon the trial at Buncombe, on the last circuit, before his honor Judge Pearson, that he had purchased of the defendant a drove of two hundred and sixty hogs, for which he was to pay at the rate of $6:1? 1-2 cts. gross— the hogs to be weighed and delivered in Asheville, but the price, except $100. which was paid at the time of the contract, not…
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This was an action of Assumpsit, brought to recover damages for a breach of contract in not delivering hogs. The plaintiff alleged, upon the trial at Buncombe, on the last circuit, before his honor Judge Pearson, that he had purchased of the defendant a drove of two hundred and sixty hogs, for which he was to pay at the rate of $6:1? 1-2 cts. gross— the hogs to be weighed and delivered in Asheville, but the price, except $100. which was paid at the time of the contract, not to be paid until he should sell the hogs in Columbia, South Carolina; and that the defendant had failed to deliver the…
1Opinion of the Court
Gaston, Judge.
It cannot be contended that Bank notes are a lawful tender, and it is equally plain that parol evidence is not admissible to contradict the written agreement. The opinion of the Judge is so obviously right upon both these points — each of which is fatal to the plaintiff’s recovery— that it necessarily follows that the judgment must be affirmed with costs.
Per Curiam,. ■ Judgment affirmed.
2Cited by2 opinions
- Clark v. . McMillanSupreme Court of North Carolina · 1815
- Hawkins v. . HawkinsSupreme Court of North Carolina · 1814