Oldham v. . Kerchner
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1878, of New Hanover Superior Court, before Moore, J. This was an action for damages for an alleged breach of contract, and the facts are sufficiently stated in the opinions delivered. There was a verdict for plaintiff, judgment, and appeal by defendant. '
1Opinion of the CourtRodmaN, J.
The plaintiff being indebted to the defend* ant by a judgment for about $2300, wrote to defendant on 29th April, 1871, who was a large dealer in corn and meal, as follows: Dear Sir — I am without means now, of paying the Oldham, Denmark & Co. claims (alluding to said judgment) and I propose to liquidate the claims with means at my command, and they are these, viz., to grind all the meal you want, on the following terms — for every 56 pounds of good clean corn furnished, I will return 50 pounds of bolted meal, sewed up in your sacks and delivered to your store, (you deliver corn to mill,) and…
2Cases cited5 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Brinkley v. . SwicegoodSupreme Court of North Carolina · 1871
- Spiers v. . Halstead, Haines Co.Supreme Court of North Carolina · 1876
- Clements v. . the StateSupreme Court of North Carolina · 1877