State v. . Poteet
Supreme Court of North Carolina
Ikdictment tried at Spring Term, 1882, of Burke Superior Court, before Eure, J, The defendant was charged with selling spirituous liquor by a measure less than a quart in violation of the act of 1874-’75, ch. 39. The case was submitted to a jury, and the only evidence 'offered before them was the testimony of Laban Sliufing, who testified that the defendant owed him one dollar and twenty-five cents; that about a year before the trial, he went to defendant to buy some…
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Ikdictment tried at Spring Term, 1882, of Burke Superior Court, before Eure, J, The defendant was charged with selling spirituous liquor by a measure less than a quart in violation of the act of 1874-’75, ch. 39. The case was submitted to a jury, and the only evidence 'offered before them was the testimony of Laban Sliufing, who testified that the defendant owed him one dollar and twenty-five cents; that about a year before the trial, he went to defendant to buy some whiskey, and defendant told him', he could not sell less than a quart, but that he (the witness) might go to the barrel and…
1Opinion of the CourtAshe, J.
The first exception taken by the defendant to the charge of the court, was, that according to the evidence there may or may not have been a sale, and that only leaving the credibility of the witness to the jury was error. We cannot give our assent to this position. The construction-of a written contract is purely a matter of law, in all cases where the meaning and intention of the parties are to be collected from the instrument itself, but if the-contract be verbal and the parties dispute about the terms, or the terms are obscure, equivocal or uncertain, it is for the jury to find not only…
2Cases cited1 opinion
- State v. . Alfred SimmonsSupreme Court of North Carolina · 1872
3Cited by9 opinions
- McLeod v. Board of CommissionersSupreme Court of North Carolina · 1908
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- State v. . HolderSupreme Court of North Carolina · 1903
- Young v. . JeffreysSupreme Court of North Carolina · 1838
- State v. HolderSupreme Court of North Carolina · 1903
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