Oldham v. . Kerchner
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1878, of New Hanover Superior Court, before Moore, J. This was an action for damages for an alleged breach of contract, and the facts are sufficiently stated in the opinions delivered. There was a verdict for plaintiff, judgment, and appeal by defendant. '
1DissentSmith, C. J.
The plaintiff and defendant, on April 29th, 1871, entered into an agreement for grinding corn at the plaintiff’s mill, at the price of 8 cents per bushel, and that 50 lbs. of meal be returned for 56 lbs. of corn. The terms of the contract were controverted before the jury, but they found that the defendant bound himself to send to the mill a quantity of corn, sufficient for the toll to pay off and discharge a judgment, which he held against the plaintiff', and that it should be thus applied. Between *116the 1st day .of May and September following, 5791 8-56 bushels of corn were delivered and…
2Cases cited1 opinion
- Clements v. . the StateSupreme Court of North Carolina · 1877