Mason v. A. E. Nelson Cotton Co.
Supreme Court of North Carolina
Action heard on demurrer to complaint, before Ward, J., at Eall Term, 1907, oIMecKLENbueg-. The facts stated in the complaint, considered material to a proper understanding of the cause, are: 1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, • N. C., fifty bales of cotton, at the price of 8% cents per pound, and guaranteed that said cotton, in grade,…
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Action heard on demurrer to complaint, before Ward, J., at Eall Term, 1907, oIMecKLENbueg-. The facts stated in the complaint, considered material to a proper understanding of the cause, are: 1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, • N. C., fifty bales of cotton, at the price of 8% cents per pound, and guaranteed that said cotton, in grade, texture and quality, was according to samples exhibited. 2. That on 6 August, 1906, the said defendant A. E. Nelson, in…
1DissentClark, C. J.
The facts stated in the complaint, considered material to a proper understanding of the cause, are:
1. That in August, 1906, defendant A. E. Nelson, doing a cotton business in Texas, contracted to sell and deliver to plaintiff, resident and doing business in Charlotte, N.C. fifty bales of cotton, at the price of 8 3/4 cents per pound, and guaranteed that said cotton, in grade, texture and quality, was according to sample exhibited.
2. That on 6 August, 1906, the said defendant A. E. Nelson, in pursuance of said contract, delivered at Houston, Tex., fifty bales of cotton, marked "L. O. N. G.,"…
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