Tufts v. . Griffin
Supreme Court of North Carolina
This was a civil action, tried before Womack, J., at February Term, 1890, of Bertie Superior Court, on appeal from a Justice of the Peace. The plaintiff, James W. Tufts, offered in evidence a contract, a copy of which, marked “Exhibit A,” is hereto attached and made a part of the statement of facts.
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This was a civil action, tried before Womack, J., at February Term, 1890, of Bertie Superior Court, on appeal from a Justice of the Peace. The plaintiff, James W. Tufts, offered in evidence a contract, a copy of which, marked “Exhibit A,” is hereto attached and made a part of the statement of facts. J. S. Griffin, the defendant in the action, was introduced by the plaintiff, and testified that he “executed the contract maked ‘ Exhibit A.’ The consideration was the soda fountain described in the contract. I received the soda fountain, and I have not paid1 the sum of $162.50 mentioned, nor any…
1Opinion of the Court
Shepherd, J.:
This is a case of the,first impression in this State. "We have here an absolute promise of the defendant to pay the plaintiff a certain sum, it being the balance of the purchase-money due the plaintiff upon the sale of a soda apparatus to the defendant. The sale was a conditional one (see Clayton v. Hester, 80 N. C., 275; Frick v. Hilliard, 95 N. C., 117, and the cases cited), and under the contract, the defendant took the apparatus into his possession and used it in all respects as his own. Without any negligence on the part of the defendant, and before any default in the…
2Cases cited4 opinions
- Newhall v. KingsburyMassachusetts Supreme Judicial Court · 1881
- Clayton v. . HesterSupreme Court of North Carolina · 1879
- Frick Co. v. . HilliardSupreme Court of North Carolina · 1886
- Perry v. . YoungSupreme Court of North Carolina · 1890
3Cited by15 opinions
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Marion Manufacturing Co. v. BuchananTennessee Supreme Court · 1906
- Exposition Arcade Corp. v. Lit Bros.Supreme Court of Virginia · 1912
- American Soda Fountain Co. v. VaughnSupreme Court of New Jersey · 1903
- Whitlock v. Auburn Lumber Co.Supreme Court of North Carolina · 1907
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