Legal Opinion

M. P. Hubbard & Co. v. Goodwin

Supreme Court of North Carolina

Decided March 6, 1918PublishedCited by 2 opinions

Civil actioN, tried before Whedbee, J., at October Term, 1917, of HERTFORD, upon these issues: 1. In wbat amount is the defendant indebted to tbe plaintiff on account of tbe execution of tbe two notes declared on in tbe complaint? Answer: “$500.12, witb 6 per cent interest from 1 January, 1916, and tbe further sum of $486.30, witb 6 per cent interest from 15 January, 1916.” (Answered by consent.) 2. Has there been a breach of tbe contract of sale of tbe guano by tbe…

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Civil actioN, tried before Whedbee, J., at October Term, 1917, of HERTFORD, upon these issues: 1. In wbat amount is the defendant indebted to tbe plaintiff on account of tbe execution of tbe two notes declared on in tbe complaint? Answer: “$500.12, witb 6 per cent interest from 1 January, 1916, and tbe further sum of $486.30, witb 6 per cent interest from 15 January, 1916.” (Answered by consent.) 2. Has there been a breach of tbe contract of sale of tbe guano by tbe plaintiff, as alleged in tbe answer and counterclaim? Answer: “No.” 3. Has defendant Godwin been damaged by said breach, if any,…

1Opinion of the CourtBeowN, J.

Tbe defendant executed tbe notes sued on for tbe purchase ■of certain guano for use on bis own crops and for sale to others. He admits tbe execution of tbe notes and pleads a counterclaim alleging that tbe guano was worthless, did not come up to tbe representations of plaintiff’s agent, and failed to produce crops which tbe agent guaranteed it would produce. Defendant also avers that be sold some of tbe guano to others giving guarantees and that be has not been able to collect tbe price owing to tbe worthlessness of tbe guano.

There is much evidence tending to support tbe contentions of both…

2Cases cited3 opinions

  1. Reiger v. WorthSupreme Court of North Carolina · 1900
  2. Mauney v. Hamilton.Supreme Court of North Carolina · 1903
  3. Wiles v. . HarshawSupreme Court of North Carolina · 1852

3Cited by2 opinions

  1. Swift & Co. v. New Bern Produce Co.Supreme Court of North Carolina · 1920
  2. Beal v. Carolina Coal Co.Supreme Court of North Carolina · 1923

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