Ferebee v. . Berry
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at September Term, 1914, of CURRITUOK. Tbis action was brought by tbe plaintiff to recover damages for a breach of a contract to sell and deliver to him three hundred barrels in which to pack and ship bis crop of potatoes. He alleges tbat by reason of tbe breach be sustained a loss of $500 by a decline in the price of potatoes. Tbe jury assessed bis damages at $100, and from a judgment upon tbe verdict tbe defendant appealed.
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe only exceptions relate to tbe admission of evidence as to tbe market value of tbe potatoes and tbe fall in tbe price, but upon an examination of tbe case we find tbat tbe jury bave really awarded less damages tban were warranted by tbe defendant’s own testimony in regard to tbis matter, and, therefore, if error was committed, wbicb we do not concede, it was harmless. He cannot reasonably complain tbat tbe jury has accepted and acted upon bis own figures and has even given less tban they would justify for tbe delay in delivering two hundred of tbe…
2Cases cited6 opinions
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Fairley v. B. R. Smith & Co.Supreme Court of North Carolina · 1882
- Peyton v. Hamilton-Brown Shoe Co.Supreme Court of North Carolina · 1914
- State Ex Rel. Moseley v. JohnsonSupreme Court of North Carolina · 1907
- Webb v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Will of CravenSupreme Court of North Carolina · 1915
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
- Schas v. Equitable Life Assurance Society of the United StatesSupreme Court of North Carolina · 1915
- Rudd v. American Fidelity & Casualty Co.Supreme Court of North Carolina · 1932
3 more not listed; retrieve them via the Exa API.