A. D. Puffer & Sons Manufacturing Co. v. Lucas
Supreme Court of North Carolina
This was an action of clam and delivery brought by plaintiff's to recover of defendant a soda-water machine in possession of defendant, tried before Brown, J., at .January Term, 1892, of the Superior Court of New Hanover.
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This was an action of clam and delivery brought by plaintiff's to recover of defendant a soda-water machine in possession of defendant, tried before Brown, J., at .January Term, 1892, of the Superior Court of New Hanover. It was alleged by plaintiffs and admitted by defendant that the plaintiffs delivered the machine in controversy to one S. Eifert by a lease contract, which was duly made and registered in New Hanover county the 5th of December, 1884, which is as follows: “Knots all men by these presents, That I, S. Eifert, No. 16 South Second street, of Wilmington, State of North Carolina,…
1Opinion of the Court
Clark, J.:
The prayer of defendant for instruction as to the measure of damages was properly refused, the damages aslced being too remote, and the instruction given in lieu was correct. The agreement found by the first issue was executory, not executed, and hence did not bar the further prosecution of the action. Indeed, its breach did not furnish ground for a proper counter-claim in this action since it did not exist “at the commencement of the action.” The Code, §244 (2); Hogan v. Kirkland, 64 N. C, 250; Reynolds v. Smathers, 87 N. C., 24. But the plaintiff is not excepting thereto.
*383We think,…
2Cases cited3 opinions
- Reynolds v. . SmathersSupreme Court of North Carolina · 1882
- Foreman v. . DrakeSupreme Court of North Carolina · 1887
- A. D. Puffer & Sons' Manufacturing Co. v. BakerSupreme Court of North Carolina · 1889
3Cited by23 opinions
- Blackford v. NeavesArizona Supreme Court · 1922
- Quality Clothes Shop v. KeeneyIndiana Court of Appeals · 1914
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
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