Hassard-Short v. . Hardison
Supreme Court of North Carolina
Civil actiok, tried at October Term, 1893, of Edgecombe Superior Court, before Bynum, J. The action was brought for damages for an alleged breach of contract to deliver a certain number of logs of certain specified sizes for five years.
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Civil actiok, tried at October Term, 1893, of Edgecombe Superior Court, before Bynum, J. The action was brought for damages for an alleged breach of contract to deliver a certain number of logs of certain specified sizes for five years. It was in evidence, among other things, tliat on account of a dispute that had arisen the defendants ceased to deliver logs under the agreement for one day, but resumed the work of delivering the next day, and continued hauling until the plaintiff refused to receive the logs, and .were willing and able to carry out the terms of the original contract. The…
1Opinion of the Court
Avery, J.:
The defendants agreed to deliver every dav during the period of five years, covered by the contract with the plaintiff, logs sufficient in size and number to yield a certain quantity of sawed lumber, the minimum diameter being specified and the length fixed by the stipulations in the contract.
The defendants were answerable only for such damages as were the direct and natural consequence of their delinquency, not for such as were too remote. And when the aggregate estimated loss from a failure to furnish logs with which to operate the mill for a given period was shown to fix the…
2Cases cited1 opinion
- Markham v. . MarkhamSupreme Court of North Carolina · 1892
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- Durham Construction Co. v. WrightSupreme Court of North Carolina · 1925
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