Pasquotank & North River Steamboat Co. v. Eastern Carolina Transportation Co.
Supreme Court of North Carolina
Appeal by plaintiff- from Ferguson, J., at Spring Term, 1914, of PasquotaNK. Civil action, tried on appeal from justice’s court, in Superior Court.
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Appeal by plaintiff- from Ferguson, J., at Spring Term, 1914, of PasquotaNK. Civil action, tried on appeal from justice’s court, in Superior Court. It appeared in evidence that plaintiff bad entered into a contract witb defendant, in part as follows: “Witnesseth, that whereas the said party of the first part is the owner of the steamship ‘Virginia,’ fully manned and equipped for carrying passengers and freight; and whereas the party of the second part is desirous of chartering said steamship for its use on certain Sundays only, in carrying passengers and freight from Elizabeth City, 'North…
1Opinion of the Court
HoKe, J.,
after stating the case: Where parties contract with reference to specific property and the obligations assumed clearly contemplate its continued existence, if the property is accidentally lost or destroyed by fire or otherwise, rendering performance impossible, the parties are relieved from further obligations •concerning it.
As to the executory features of such an agreement, the destruction of the property, without fault, will amount to a discharge- of the contract. 3 Page on Contracts, sec. 1730; Clark ■on Contracts (2 Ed.), p. 475. Under the circumstances as stated .and in…
2Cases cited11 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Stewart v. . StoneNew York Court of Appeals · 1891
- Viterbo v. FriedlanderSupreme Court of the United States · 1887
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
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- Potter v. Carolina Water CompanySupreme Court of North Carolina · 1960
- Blount-Midyette & Co. v. Aeroglide CorporationSupreme Court of North Carolina · 1961
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