Lipschutz v. Weatherly.
Supreme Court of North Carolina
AgtioN by B. Lipschutz against W. H. Weatherly and others, heard before Judge T. J. Shaw and a jury, at the November Term, 1905, of the Superior Court of Pasquo-TANK. Plaintiff sued for the recovery of the price of cigars sold and delivered to defendants on July 10, 1904. Defendants admitted the sale and price and set up a counterclaim for damages for breach of contract; The evidence material to the establishment and breach of the contract was in writing.
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AgtioN by B. Lipschutz against W. H. Weatherly and others, heard before Judge T. J. Shaw and a jury, at the November Term, 1905, of the Superior Court of Pasquo-TANK. Plaintiff sued for the recovery of the price of cigars sold and delivered to defendants on July 10, 1904. Defendants admitted the sale and price and set up a counterclaim for damages for breach of contract; The evidence material to the establishment and breach of the contract was in writing. On September 2, 1901, plaintiff and defendants entered into a contract whereby plaintiff agreed to sell to defendants cigars of a certain…
1Opinion of the Court
Connor, J.,
after stating the facts: Defendants’ first exception, pointing to the submission of the second issue, is presented upon their exception to His Honor’s charge and will be considered in that connection/ The second exception to the admisison of defendant Weatherly’s statement that he sent the telegram in reply to plaintiff’s of June 9, 1904, cannot be sustained. The defendants, having introduced plaintiff’s telegram calling for an answer, it was clearly competent to elicit from him whether or not he answered the telegram. There is no rule of law requiring the agreement to rescind or…
2Cases cited4 opinions
- McCreery v. . DayNew York Court of Appeals · 1890
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Goebel v. LinnMichigan Supreme Court · 1882
- Brown v. Catawba Lumber Co.Supreme Court of North Carolina · 1895
3Cited by8 opinions
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- Arizona-Parral Mining Co. v. ForbesArizona Supreme Court · 1915
- Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926
- Palmer v. . LowderSupreme Court of North Carolina · 1914
- McKinney v. . MatthewsSupreme Court of North Carolina · 1914
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