Sellars v. . Johnson
Supreme Court of North Carolina
This was an action of assumpsit under the former system tried before his Honor Tourgee, J., at the Fall Term, 1869, of the Superior Court of Eandolph County. The plaintiffs declared in three counts. 1st, upon a check, in the following-words and figures: “Bank of Yaítcexville, $3688. Yanceyville, N. 0., 3d Dee., 1863. Cashier of the Bank of Cape Fear, Greensboro’, N. 0.,. pay to the order of Thomas D. Johnson, thirty-six hundred and eighty-eight dollars. No. 2262. JOS.
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This was an action of assumpsit under the former system tried before his Honor Tourgee, J., at the Fall Term, 1869, of the Superior Court of Eandolph County. The plaintiffs declared in three counts. 1st, upon a check, in the following-words and figures: “Bank of Yaítcexville, $3688. Yanceyville, N. 0., 3d Dee., 1863. Cashier of the Bank of Cape Fear, Greensboro’, N. 0.,. pay to the order of Thomas D. Johnson, thirty-six hundred and eighty-eight dollars. No. 2262. JOS. J. LAWSON, Cashier. With the following endorsement — Pay Thomas Sellars or order. THOMAS D. JHONSON.” 2d. For 1844 lbs. pork,…
1Opinion of the CourtEeade, J.
Where the terms of a contract are in writing, or otherwise ascertained, the construction of the contract is for the Court, and not for the jury. All that passed between the parties in this case was in writing, and all the writings were in evidence except a letter from the defendant to the plaintiff, in regard to which there was contradictory evidence. If, therefore, that letter would alter the contract as it ap pears from the other writings, then its contents would have been a question for the jury, but we are of the opinion, that ■taking its contents, to be as alleged by the plaintiff, it…
2Cases cited1 opinion
- Haight v. . GristSupreme Court of North Carolina · 1870
3Cited by7 opinions
- Ratliff v. Ratliff.Supreme Court of North Carolina · 1902
- Bishop v. Du BoseSupreme Court of North Carolina · 1960
- Young v. Southern Mica Co. of North Carolina, Inc.Supreme Court of North Carolina · 1953
- Bantz v. BasnettWest Virginia Supreme Court · 1877
- Davis v. Evans.Supreme Court of North Carolina · 1903
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