Wilcox Bros. v. Cherry
Supreme Court of North Carolina
Civil action heard before Norwood, J., at May-Term, 1898, of Halifax Superior Court, upon exceptions to report of referee. The Smith-Courtney Company had furnished Fenner Bros, certain articles of machinery under a contract as claimed by them of renting or hiring- — payments to be made monthly and to be concluded in six months. If paid in full in that time, the title to pass, if not, the renting to be terminated at the option of the company.
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Civil action heard before Norwood, J., at May-Term, 1898, of Halifax Superior Court, upon exceptions to report of referee. The Smith-Courtney Company had furnished Fenner Bros, certain articles of machinery under a contract as claimed by them of renting or hiring- — payments to be made monthly and to be concluded in six months. If paid in full in that time, the title to pass, if not, the renting to be terminated at the option of the company. Payment in full was not made within the six months, and the time was extended. Fenner Bros, becoming indebted to the plaintiffs, Wilcox Bros., secured…
1Opinion of the Court
Douglas, J.:
In 1892 Fenner Bros, obtained from the Smith-Courtney Company two lots of machinery, and subsequently executed two paper writings, the essential parts of which are as follows:
“This certifies that J. H. Fenner and D. 0. Fenner, doing business under the name of Fenner Bros. . . . have received of Srnith-Courtney Company . . . the following articles of personal property, to-wit: . . which we are at liberty to use with care, keeping the same in good order. We have agreed to hire the said above personal property for the term of six- months from this date, and to pay for the same the…
2Cases cited4 opinions
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Greer v. Church & Co.Court of Appeals of Kentucky · 1877
- Foreman v. . DrakeSupreme Court of North Carolina · 1887
- Singer Manufacturing Co. v. GraySupreme Court of North Carolina · 1897
3Cited by14 opinions
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- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- In Re SachsCourt of Appeals for the Fourth Circuit · 1929
- Lande v. Southern California Freight LinesCalifornia Court of Appeal · 1948
- SZABO FOOD SERV., INC., OF NORTH CAROLINA v. Balentines, Inc.Supreme Court of North Carolina · 1974
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