Perry v. . Kime
Supreme Court of North Carolina
Appjsal by defendant from Bond, J., at the June Special Term, 1915, of Chatham. This is an action to recover damages, the plaintiff alleging two causes of action, the first being for a breach of warranty in the sale of a mule, and the second being for breach of contract in failing to furnish the plaintiff with a mule with which to cultivate his crop. The damages sought to be recovered under the second cause of action was a diminished yield of the crop.
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Appjsal by defendant from Bond, J., at the June Special Term, 1915, of Chatham. This is an action to recover damages, the plaintiff alleging two causes of action, the first being for a breach of warranty in the sale of a mule, and the second being for breach of contract in failing to furnish the plaintiff with a mule with which to cultivate his crop. The damages sought to be recovered under the second cause of action was a diminished yield of the crop. The plaintiff offered evidence tending to support both causes of action, and the defendant offered evidence to the contrary. The plaintiff…
1Opinion of the CourtAlleN, J.
The right to reeovér damages for diminution in the yield of crops alleged .to have been caused by breach of contract or by some tortious act has been recognized in several cases in our reports (Spencer v. Hamilton, 113 N. C., 49; Herring v. Armwood, 130 N. C., 177), but always with misgivings, because of the difficulty of ascertaining definitely the cause of the damage, and on account of the uncertainty, frequently amounting to speculation, of determining and estimating the result.
Ye have been confronted on one hand with the legal principle that, when there is a breach of contract or a tort,…
2Cases cited3 opinions
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Spencer v. . HamiltonSupreme Court of North Carolina · 1893
- Herring v. Armwood.Supreme Court of North Carolina · 1902
3Cited by6 opinions
- Coca-Cola Bottling Co. of Henderson v. MunnCourt of Appeals for the Fourth Circuit · 1938
- Perry v. DoubSupreme Court of North Carolina · 1953
- Gulley v. . RaynorSupreme Court of North Carolina · 1923
- Martin v. StiersDistrict Court, M.D. North Carolina · 1958
- Harris v. . SmithSupreme Court of North Carolina · 1939
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