Gulf Refining Co. v. Charlotte Construction Co.
Supreme Court of North Carolina
Appeal from Biggs, J., at May Term, 1911, of Mecklen-BURG. Civil action, beard on case agreed. Plaintiff sued defendant for $422.41 purchase price of oil sold and delivered to defendant as per contract, etc.
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Appeal from Biggs, J., at May Term, 1911, of Mecklen-BURG. Civil action, beard on case agreed. Plaintiff sued defendant for $422.41 purchase price of oil sold and delivered to defendant as per contract, etc. Defendant admits owing plaintiff the amount stated, a balance due for oil sold and delivered, but sets up a counterclaim for something over $400 arising by reason of plaintiff’s wrongful failure to deliver two car-loads of oil at the .time and place required by the contract between them, whereby defendant was forced to buy a specified amount of oil on the local market at an increased…
1Opinion of the Court
Hoke, J.,
after stating the case: As the Court understands the facts, there has been no charge made against defendant for the price of oil that was shipped to other parties by mistake of the railroad company and its agents. The defendant bases its counterclaim on the fact there was a failure to deliver the two-ear-loads of oil at the time and place specified; that this failure was in breach of the contract between the parties, and the consequences are properly chargeable to plaintiff, and this by reason of certain clauses in the agreement, as follows:
“That plaintiff sold and agreed to deliver…
2Cases cited4 opinions
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Hendricks v. Mocksville Furniture Co.Supreme Court of North Carolina · 1911
3Cited by5 opinions
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Davis v. . FrazierSupreme Court of North Carolina · 1909
- Divine v. Watauga Hospital Inc.District Court, M.D. North Carolina · 1956
- Midgett v. . MeekinsSupreme Court of North Carolina · 1912
- U.S. Securities & Exchange Commission v. TalbotDistrict Court, C.D. California · 2006