America Potato Co. v. Jeanette Bros.
Supreme Court of North Carolina
Civil actioN, tried before Daniels, J., and a jury, at January Term, 1917, of PasquotaNK. Tbe action was brought to recover $469.40 as damages for refusing to receive a certain lot of potatoes which, it is alleged, the defendants contracted to buy.
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Civil actioN, tried before Daniels, J., and a jury, at January Term, 1917, of PasquotaNK. Tbe action was brought to recover $469.40 as damages for refusing to receive a certain lot of potatoes which, it is alleged, the defendants contracted to buy. The case was here before, and is reported in 172 N. C., at p. 1. Tbe defendants, wbo failed in tbe former appeal, have amended their original answer and asked for a reformation of tbe contract, dated 25 October, 1912, which provided that plaintiffs should ship under it, and deliver to the defendants at Elizabeth City, 800 sacks of Cobblers and 200…
1Opinion of the CourtWalker, J.
There are numerous errors assigned by the plaintiffs, nearly all of them relating to tbe issues, evidence and tbe charge. We will consider them seriatim and in tbe order they are presented.
1. Tbe first exception refers to the contents of the letter dated 22 October, 1912, which bad been lost, and we do not see why the evidence was not competent to prove what was in it, and especially as the letter of 25 October, 1912, was an answer to it, and indicated, what was its contents. Tbe object in proving the contents of the letter dated 22 October was to show that defendants bad ordered potatoes of…
2Cases cited18 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Robinson v. Willoughby.Supreme Court of North Carolina · 1871
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. SmithSupreme Court of North Carolina · 1953
- Lewis v. . HunterSupreme Court of North Carolina · 1937
- Norfolk Southern Ry. Co. v. Davis Frozen Foods, Inc.Court of Appeals for the Fourth Circuit · 1952
- Crawford v. . WilloughbySupreme Court of North Carolina · 1926
- Baker v. MALAN CONSTRUCTION CORPORATIONSupreme Court of North Carolina · 1961
20 more not listed; retrieve them via the Exa API.