Lambert Hoisting Engine Co. v. Paschal
Supreme Court of North Carolina
Appeal from Guión, J., June Term, 1909, of WarREN. The action was brought to recover the purchase price of ■ certain machinery sold by the plaintiff company to the defendant, the "Wise Granite Company. The defendant sets up a counterclaim for damages in a breach of the contract as a set-off against the purchase money.
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Appeal from Guión, J., June Term, 1909, of WarREN. The action was brought to recover the purchase price of ■ certain machinery sold by the plaintiff company to the defendant, the "Wise Granite Company. The defendant sets up a counterclaim for damages in a breach of the contract as a set-off against the purchase money. These issues were submitted: 1. “Is the defendant indebted to the plaintiff, Lambert Hoisting Engine Company? If so, in what amount — (1) for the purchase price of the cable way and outfit ?” Answer: “Three thousand eight hundred and thirty-eight dollars and eighty-three cents,…
1Opinion of the CourtBrown, J.
The correctness of his Honor’s ruling in allowing evidence of prospective profits under the second subdivision' of the third issue is not before us for review, as the plaintiff did not appeal.
The defendant assigns error because of the exclusion of evidence that plaintiff’s agent, Delaney, was told by J. R. Paschal that the cable way was bought for the Wise Granite Company. This ruling is harmless and the evidence immaterial, as the plaintiff has recognized the granite company as a purchaser of the machinery through its agent, Paschal, by suing and recovering judgment against the company for…
2Cases cited1 opinion
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
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- Ollis v. Drexel Furniture Co.Supreme Court of North Carolina · 1917
- Columbian Conservatory of Music v. DickensonSupreme Court of North Carolina · 1912
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