Cox, Trustees v. . Long
Supreme Court of North Carolina
This was a civil action, brought to the Superior Court of the county of Guilford, in which the defendant demurred to the complaint of the plaintiff. His Honor, Tourgee, J, at the last Spring Term of the Court sustained the demurer, and ordered that the plaintiffs amend their complaint upon the terms of paying all the costs, or that the suit be dismissed. Prom this order the plaintiffs prayed and obtained an appeal to the Supreme Court.
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This was a civil action, brought to the Superior Court of the county of Guilford, in which the defendant demurred to the complaint of the plaintiff. His Honor, Tourgee, J, at the last Spring Term of the Court sustained the demurer, and ordered that the plaintiffs amend their complaint upon the terms of paying all the costs, or that the suit be dismissed. Prom this order the plaintiffs prayed and obtained an appeal to the Supreme Court. The case is sufficiently stated in the opinion of the Court. Caldwell v. Smith, 4 Dev. & Bat. 64; McIntyre v. McIntyre, 12 Ired. 302; Barnes v. Barnes, 65 N.…
1Opinion of the CourtSettle, J.
The defendant contracted to deliver to the plaintiffs on the railroad at Newbern, sixtv thousand cypress shingles, four inches wide and twenty inches long. The shingles were paid for, shipped and hauled from the railroad in Guilford county to the plaintiffs’ building, before the plaintiffs were aware of the fact that they only measured three inches in width and seventeen inches in length.
The plaintiffs allege, and the defendant admits by his demurrer, that the shingles were received too late for the plaintiffs to secure others in their stead without immense damage to a new building then being…
2Cited by8 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Pratt v. McCoySupreme Court of Louisiana · 1911
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
- Kester Bros. v. Miller Bros.Supreme Court of North Carolina · 1896
- Talbot Paving Co. v. GormanMichigan Supreme Court · 1894
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