Dula v. . Cowles
Supreme Court of North Carolina
• Tuts was an action of assumpsit, tried before Bailey, J., at Spring Term, 1859, of Wilkes Superior Court. In November, 1852, the plaintiff sold, and agreed to deliver to the defendants, fifteen hundred pounds of pork on the first of January, 1853, at six cents per pound, and the defendants agreed to pay for the pork in two notes and a judgment, and also, an account, which they had against the plaintiff.— The defendants held two notes against the plaintiff, one for $25.86,…
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• Tuts was an action of assumpsit, tried before Bailey, J., at Spring Term, 1859, of Wilkes Superior Court. In November, 1852, the plaintiff sold, and agreed to deliver to the defendants, fifteen hundred pounds of pork on the first of January, 1853, at six cents per pound, and the defendants agreed to pay for the pork in two notes and a judgment, and also, an account, which they had against the plaintiff.— The defendants held two notes against the plaintiff, one for $25.86, and one for $16.57, and a store account for goods sold and delivered, amounting to $17.54; also, a judgment in the hands…
1Opinion of the CourtPearson, C. J.
The statement of the case now sent does not set out how the remainder of the price of the pork was to be paid. This, we presume, was through inadvertence, as the variance was not referred to on the argument, and in the case when before us, 2 Jones’ Bep. 454, it is stated as a fact undisputed., that the balance of the price, if any, was to be paid “ one half in goods, the other cash,” and when before us, 4 Jones’ Bep. 519, the fact that the remainder of the price was to be paid “one half in goods, the other half- in cash,” is set out “as admittedly the parties.” In all other respects, there is…
2Cited by11 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Brewington v. LoughranSupreme Court of North Carolina · 1922
- May v. Getty.Supreme Court of North Carolina · 1905
- Wilson v. WilsonSupreme Court of North Carolina · 1964
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