Puffer v. . Lucas
Supreme Court of North Carolina
This was a civil actioN tried before Philips, J., at Pall Term, 1887, of New Haxover Superior Court. The plaintiffs alleged that they had contracted to sell and had delivered to one Eifurt an apparatus for the manufacture of soda and mineral waters, under a contract by which the title was retained until the purchase money should be paid; that this agreement had been duly registered; that Eifurt had, without paying the price, sold the property to the defendants; that the…
Read the full summary
This was a civil actioN tried before Philips, J., at Pall Term, 1887, of New Haxover Superior Court. The plaintiffs alleged that they had contracted to sell and had delivered to one Eifurt an apparatus for the manufacture of soda and mineral waters, under a contract by which the title was retained until the purchase money should be paid; that this agreement had been duly registered; that Eifurt had, without paying the price, sold the property to the defendants; that the purchase money was still due, and its payment had been refused. They demanded judgment for the possession of the apparatus,…
1Opinion of the CourtMerrimon, J.
The defendants had possession of the “ Apparatus” in controversy, and if the contract alleged by ■them as a second ground of defence, exists as alleged, they .are entitled to have such possession until the contract shall be observed and performed, first, on the part of the plaintiffs, or until it shall in some way be discharged. It is not void for want of consideration, as contended; the mutual .agreement of the parties to do the several things stipulated to be done on the one side and on the other was a sufficient ■consideration to support it.
It is regular, proper, and very much better in…
2Cited by9 opinions
- Exum v. LynchSupreme Court of North Carolina · 1924
- Atkinson v. KirkpatrickSupreme Court of Kansas · 1913
- Exum v. . LynchSupreme Court of North Carolina · 1924
- Ennor v. RaineNevada Supreme Court · 1903
- Williams v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1913
4 more not listed; retrieve them via the Exa API.