Weston v. Royal Typewriter Co.
Supreme Court of North Carolina
Appeal by defendant from Horton, at December. Term, 1921, of Beaueoet. Civil action to recover damages for an alleged breach of contract.
Read the full summary
Appeal by defendant from Horton, at December. Term, 1921, of Beaueoet. Civil action to recover damages for an alleged breach of contract. Upon trial in the Superior Court, the jury returned the following verdict: “1. Did defendant contract to sell and deliver typewriters to plaintiff, as alleged in the complaint? Answer: ‘Yes.’ “2. If so, did defendant breach said contract, as alleged in the complaint? Answer:‘Yes.’ “3. Did plaintiff on his part fully perform said contract, and stand ready, able, and willing to perform same, as alleged in the complaint? Answer: ‘Yes.’ “4. What damage, if any,…
1Opinion of the CourtStacy, J.
The exceptions relating to the existence and binding force of the contract are all settled by the verdict. The controversy in this regard was largely one of fact and the jury have found in accordance with the plaintiff’s contention. The motion for judgment as of nonsuit was properly overruled.
Plaintiff offered in evidence certain admissions, taken from defendant’s answer, of distinct, separate facts relevant to the inquiry, and no objection was made to this at the time. Later, defendant requested that it be allowed to put in evidence the remainder of eadh section of the answer from which…
2Cases cited1 opinion
- Carr v. CokeSupreme Court of North Carolina · 1895
3Cited by5 opinions
- West Construction Co. v. Atlantic Coast Line Railway Co.Supreme Court of North Carolina · 1923
- Malcolm v. Mooresville Cotton MillsSupreme Court of North Carolina · 1926
- Bell v. . ChadwickSupreme Court of North Carolina · 1946
- Bridgers v. Farmers Banking & Trust Co.Supreme Court of North Carolina · 1930
- Morrison v. Southern States Finance Co.Supreme Court of North Carolina · 1929