York v. . Jeffreys
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at tbe January Term, 1921, of' WayNB. During the month of January, 1918, Messrs. Maley & Oarolin, brokers, of New York, negotiated a contract between the plaintiff and defendant as follows: “Agreement between York & Fenderson of Mars Hill, Me., and Jeffries & Sons, Goldsboro, N. C., as to one car of potatoes, as follows: 150 10-peck sacks Eed Bliss seed potatoes, balance of car consisting of about 150 sacks seed Gobblers at the following…
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Appeal by defendant from Lyon, J., at tbe January Term, 1921, of' WayNB. During the month of January, 1918, Messrs. Maley & Oarolin, brokers, of New York, negotiated a contract between the plaintiff and defendant as follows: “Agreement between York & Fenderson of Mars Hill, Me., and Jeffries & Sons, Goldsboro, N. C., as to one car of potatoes, as follows: 150 10-peck sacks Eed Bliss seed potatoes, balance of car consisting of about 150 sacks seed Gobblers at the following prices: three dollars and fifty cents per cwt. for the Eed Bliss and three dollars and ten cents per cwt. for the…
1Opinion of the Court
WalkeR, J.,
after stating the material facts: This is a case of great apparent hardship, as will appear from our recital of the facts, but it is a misfortune which has come to the defendants through no legal fault of the plaintiffs, and therefore must be borne with patience and patriotic resignation, as it was caused by the pressing needs of our Government for immediate and rapid transportation in the movement of men and materials for war purposes. This alone would not exonerate the plaintiffs, but defendants entered into a contract with them which appears in the statement, by which they…
2Cases cited4 opinions
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919
- Kneeland-Bigelow Co. v. Michigan Central RailroadMichigan Supreme Court · 1919
- Waddell v. . ReddickSupreme Court of North Carolina · 1842
- Gwyn v. Richmond & Danville R. R.Supreme Court of North Carolina · 1881
3Cited by2 opinions
- United States Railroad Administration v. Hilton Lumber Co.Supreme Court of North Carolina · 1923
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919