Neal v. Pender-Hyman Hardware Co.
Supreme Court of North Carolina
Oivil action for damages for breach of contract, tried before TimberlaJce, J., and a jury at June Term, 189T, of Edgecombe Superior Court, on appeal from the judgment of a Justice of the Peace. The facts are stated in the opinion. There was a verdict for $100, and from the judgment thereon the defendant appealed.
1Opinion of the Court
Faircloth, C. J.:
The defendant was engaged in manufacturing flues for curing tobacco raised by farmers, and by its agent, Taylor, contracted to deliver flues to the plaintiff at Whitakers, N. 0., on July 1st, 1895, with bill of lading attached, no money to be paid till the flues were delivered. The flues were not delivered on July 1, but on July 15 the defendant wrote to the plaintiff: ‘‘Flues are ready for shipment. Send us $5 on the account and they will be sent at once.” The plaintiff sent $5, and on July 27 received acknowledgement of the receipt of $5, with statement, “will ship at…
2Cases cited3 opinions
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Anniston National Bank v. School CommitteeSupreme Court of North Carolina · 1896
- Hubbard v. . TroySupreme Court of North Carolina · 1841
3Cited by16 opinions
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Walters v. Durham Lumber Co.Supreme Court of North Carolina · 1913
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Story Lumber Co. v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Davidson Development Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
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