H. W. Burton v. . Admiral Charles Wilkes
Supreme Court of North Carolina
This was a civil action tried at Fall Tom 1811, of Lincoln Superior Court, before Ilis Honor Judge Logan and a jury. The plaintiff in his complaint alleged that be had made a contract with the defendant who was running an iron furnace, in writing in these words, viz : “ARTICLES OF AGREEMENT BETWEEN H. W. BüRTON AND ADMIRAL Charles Wilkes, H. W. Burton contracts with Admiral Charles Wilkes to-furnish, at Long Creek Furnace, from 500 to 1000 bushels of coal, daily, at 6£ cents…
Read the full summary
This was a civil action tried at Fall Tom 1811, of Lincoln Superior Court, before Ilis Honor Judge Logan and a jury. The plaintiff in his complaint alleged that be had made a contract with the defendant who was running an iron furnace, in writing in these words, viz : “ARTICLES OF AGREEMENT BETWEEN H. W. BüRTON AND ADMIRAL Charles Wilkes, H. W. Burton contracts with Admiral Charles Wilkes to-furnish, at Long Creek Furnace, from 500 to 1000 bushels of coal, daily, at 6£ cents per bushel, to be measured at the pit. Admiral Wilkes agrees to furbish the timber gratis, where-ever he may see fit,…
1Opinion of the CourtEoydeN, J.
In this ease the defendant was the owner of a furnace in the county of Gaston, which required five-hundred bushels of coal daily, to run it to its full capacity, and the plaintiff agreed to deliver to the defendant daily at his furnace from 500 to 1,000 bnshels of coa!. The plantifi was to cut the wood on the defendant’s land, burn the coal and deliver it, and the defendant was to furnish weekly, money to pay the wood-choppers, and to pay for the coal as it was delivered at the furnace. This contract was made in writing on the 16th day of November 1860. There was no time fixed in this…
2Cited by7 opinions
- State v. . StephensonSupreme Court of North Carolina · 1940
- Martin v. . KnightSupreme Court of North Carolina · 1908
- Fuller v. . FoxSupreme Court of North Carolina · 1888
- Cowles v. . HayesSupreme Court of North Carolina · 1874
- State v. BellCourt of Appeals of North Carolina · 1980
2 more not listed; retrieve them via the Exa API.