S. F. Bowser & Co. v. Tarry
Supreme Court of North Carolina
Appeal from J. 8. Adams, J., at March Term, 1911, of Halifax. Civil action tried on appeal from a justice’s court. Plaintiff sued on an instrument alleged to be a written contract bearing date 16 December, 1909, for tbe purchase of a gasoline tank with incidental appliances, at tbe price of $140. Tbe tank was shipped from Fort Wayne, Indiana, on 15 December, 1909, and arrived at Littleton, N. 0., some time in the latter part of the month, and was taken out of railroad depot…
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Appeal from J. 8. Adams, J., at March Term, 1911, of Halifax. Civil action tried on appeal from a justice’s court. Plaintiff sued on an instrument alleged to be a written contract bearing date 16 December, 1909, for tbe purchase of a gasoline tank with incidental appliances, at tbe price of $140. Tbe tank was shipped from Fort Wayne, Indiana, on 15 December, 1909, and arrived at Littleton, N. 0., some time in the latter part of the month, and was taken out of railroad depot by defendant, as he stated, for purpose of saving storage. Defendant having-denied liability, on issue submitted the…
1Opinion of the CourtHoke, J.
The written instrument purporting to bear date 16 December, 1909, expressed a definite order for the tank and appliances at the stated price of $140, and contained further stipulations as follows: “It is agreed by purchaser that this order shall not be countermanded and, when filled and due as per specifications and terms herein stated, that there shall be no defense for nonpayment. It is further agreed that in default of payment, S. E. Bowser & Co., Incorporated, or their agent, may take possession of and remove said goods without legal process, unless such default be granted by special…
2Cases cited11 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Blewitt v. . BoorumNew York Court of Appeals · 1894
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Garrison v. Case Threshing MacHine Co.Supreme Court of North Carolina · 1912
- Federal Reserve Bank of Richmond v. Neuse Manufacturing Co.Supreme Court of North Carolina · 1938
- Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
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