Legal Opinion

MacE v. . Ramsey

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 26 opinions

This was a civil actioN, tried before McKay, J, at Spring-Term, 1875, of Carteret Superior Court. The plaintiff alleged that the defendant contracted with him-on July 5th, 1873, to furnish a flat-boat and hands on the 16th. of July, 1873, for the plaintiff’s use on the 16th, 17th and 18th days of that month, to transport passengers or excursionists from Morehead City to Beaufort and different points about the harbor, an excursion train being expected at Morehead City on the…

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This was a civil actioN, tried before McKay, J, at Spring-Term, 1875, of Carteret Superior Court. The plaintiff alleged that the defendant contracted with him-on July 5th, 1873, to furnish a flat-boat and hands on the 16th. of July, 1873, for the plaintiff’s use on the 16th, 17th and 18th days of that month, to transport passengers or excursionists from Morehead City to Beaufort and different points about the harbor, an excursion train being expected at Morehead City on the morning of the 16th, and that the defendant failed to comply with his contract. There was a conflict between the…

1Opinion of the Court

BvNu.m; J.

The terms of the contract were disputed and It was left to the jury to ascertain what was the contract. Their finding establishes that it was unconditional and. as follows: On the 5th of July, 1873, the defendant contracted with the plaintiff to furnish a flat boat and hands, on the morning of the 16th July for the plaintiff’s use on the 16th, ,17th and 18th of July to transport passengers, or excursionists from Morehead City to Beaufort, and different points about -the harbor, an excursion train being expected at Morehead on the morning of the 16th of July. The price agreed upon…

2Cases cited1 opinion

  1. Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875

3Cited by26 opinions

  1. Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
  2. Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
  3. Willis v. BranchSupreme Court of North Carolina · 1886
  4. Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
  5. Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912

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