James Leffel Co. v. Hall
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at February Term, 1914, of DupliN. Action for the recovery of personal property, viz., a 9% by 12 horsepower engine and a 40 horse-power boiler, which had been sold to the defendant by the plaintiffs, and for which the former had given his note for $318, dated 23 February, 1905, and due one year after its date, plaintiffs retaining the title to the property until the note was paid.
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Appeal by defendant from Daniels, J., at February Term, 1914, of DupliN. Action for the recovery of personal property, viz., a 9% by 12 horsepower engine and a 40 horse-power boiler, which had been sold to the defendant by the plaintiffs, and for which the former had given his note for $318, dated 23 February, 1905, and due one year after its date, plaintiffs retaining the title to the property until the note was paid. The only question in the case is whether defendant is entitled to a credit on the note for tbe value of an old engine under the following circumstances: It appeared that…
1Opinion of the Court
Walker, J.,
after stating the case: There is a suggestion in defendant’s brief of fraud on the part of the plaintiffs, but we have failed to find any evidence of it in the case. The agreement was not that the plaintiffs would allow the defendant the value of the old engine, but that, after examining it and knowing its then condition, they would offer him such a price for it as they could afford to give under the circumstances. It was left to them to fix the price that they would be willing to pay, and there was no promise by them to pay its value as fixed by the defendant or any one else, or…
2Cases cited8 opinions
- Brunhild v. . FreemanSupreme Court of North Carolina · 1877
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
- Pendleton v. . JonesSupreme Court of North Carolina · 1880
- Hedgepeth v. . RoseSupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Golding v. . FosterSupreme Court of North Carolina · 1924