Lewis v. W. D. Rountree & Co.
Supreme Court of North Carolina
Civil Action, tried at June Special Term, 1878, of Waice Superior Court, before Seymour, J. Upon the opinion of this Court in same case, 78 N. C. 323, (where the main facts are stated) being certified to the Court below, and upon argument of the question of damages as found for the plaintiff by the referee, His Honor amended and corrected the report as to facts in the following particulars:— 1. That plaintiff bought 517 barrels of rosin at $3.50 a barrel, of defendants, on…
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Civil Action, tried at June Special Term, 1878, of Waice Superior Court, before Seymour, J. Upon the opinion of this Court in same case, 78 N. C. 323, (where the main facts are stated) being certified to the Court below, and upon argument of the question of damages as found for the plaintiff by the referee, His Honor amended and corrected the report as to facts in the following particulars:— 1. That plaintiff bought 517 barrels of rosin at $3.50 a barrel, of defendants, on the 25th of October, 1865, which were delivered to and accepted by plaintiff, at Wilson, N. C., and that plaintiff…
1Opinion of the CourtRodmaN, J.
Many cases may be supposed in which the measure of damages adopted by the Judge would be properly applicable. We think however it was not applicable under the circumstances of this case. The Judge-finds as a fact that plaintiff bought the rosin to ship to and sell in some other market than Wilson, of which defendant had notice on the 25th of October, 1865, when -it was-delivered. No certain market was stated, and the meaning of the notice then would be that the purpose of the plaintiff was to sell in any of the usual markets for the article which he might afterwards determine on, such as…
2Cases cited1 opinion
- MacE v. . RamseySupreme Court of North Carolina · 1876
3Cited by24 opinions
- Harris & Harris Construction Co. v. Crain & Denbo, Inc.Supreme Court of North Carolina · 1962
- Grupe v. GlickCalifornia Supreme Court · 1945
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
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