Kinston Cotton Mills v. Rocky Mount Hosiery Co.
Supreme Court of North Carolina
Appeal from Whedbee, J., at November Term, 1910, of LENOIR. Plaintiff commenced this action to recover $615.71 for breach of contract, as a first cause of action, and $187.50 for goods sold to the defendant, as a second cause of action. The defendant admitted the execution of the contract, denied a failure to perform on its part, and alleged a breach of the contract by the plaintiff, and demanded $350 damages on account of said breach.
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Appeal from Whedbee, J., at November Term, 1910, of LENOIR. Plaintiff commenced this action to recover $615.71 for breach of contract, as a first cause of action, and $187.50 for goods sold to the defendant, as a second cause of action. The defendant admitted the execution of the contract, denied a failure to perform on its part, and alleged a breach of the contract by the plaintiff, and demanded $350 damages on account of said breach. It was admitted: “That on the .... day of November, 1908, the plaintiff made and entered into a contract with the defendant, by the terms of which the…
1Opinion of the CourtAllen, J.
We have examined each of tbe exceptions on which tbe plaintiff relies, and find no error except as to tbe judgment for costs. Tbe plaintiff’s motion for judgment upon tbe ground that tbe fifth paragraph of tbe answer was an admission that tbe defendant received 18,139 pounds of yam upon tbe promise, by tbe plaintiff, to furnish tbe remainder of tbe yarns of standard quality, and that therefore it could not refuse to receive such remainder on account of defects in those already received, was properly denied, because it was incumbent on the plaintiff to establish performance of the contract on…
2Cases cited6 opinions
- Williams v. HughesSupreme Court of North Carolina · 1905
- Vanderbilt v. Johnson.Supreme Court of North Carolina · 1906
- Cook v. . PattersonSupreme Court of North Carolina · 1889
- Horton v. . HorneSupreme Court of North Carolina · 1888
- Hobbs v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Town of Zebulon v. DawsonSupreme Court of North Carolina · 1939
- Chandler v. People's National BankSupreme Court of South Carolina · 1927
- Ritchie v. . RitchieSupreme Court of North Carolina · 1926
- S. J. Van Lill Co. v. Frederick City Packing Co.Court of Appeals of Maryland · 1928
2 more not listed; retrieve them via the Exa API.