Reed Coal Co. v. Fain
Supreme Court of North Carolina
Civil actioN tried before Ferguson, J., and a jury at January Term, 1916, of CheRokee. Defendants were partners in tbe drug business and on 25 August, 1910, bought one car-load of coal from tbe plaintiffs, wbo were coal dealers at Knoxville, Tenn. Tbey paid tbe price of tbe same, wbicb was $71.05. 'When the coal was received by defendants, they used some of it at their homes and the rest was used in the stores.
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Civil actioN tried before Ferguson, J., and a jury at January Term, 1916, of CheRokee. Defendants were partners in tbe drug business and on 25 August, 1910, bought one car-load of coal from tbe plaintiffs, wbo were coal dealers at Knoxville, Tenn. Tbey paid tbe price of tbe same, wbicb was $71.05. 'When the coal was received by defendants, they used some of it at their homes and the rest was used in the stores. In the months of September, October, November, and December of the same year plaintiff received orders, written on letter-heads of Fain & Howell, for one car-load in each month,…
1Opinion of the Court
Walker, J.,
after stating the case: The instructions requested by the plaintiff were substantially given by the court, and more strongly in plaintiff’s favor than if the language of the prayers had been adopted. It is not necessary that the court should use the words of the prayer, and an instruction, in answer to a request, is sufficiently responsive if it contains the substance of it, and does not weaken its force. Baker v. R. R., 144 N. C., 36; Marcom v. R. R., 165 N. C., 259. There is another rule in regard to instructions of tbe court, that they are to be construed as a whole. “We are not…
2Cases cited6 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Baker v. N. & S. RailroadSupreme Court of North Carolina · 1907
- Marcom v. Durham & Southern Railway Co.Supreme Court of North Carolina · 1914
- Gay v. . MitchellSupreme Court of North Carolina · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- North Carolina Farm Bureau Mutual Insurance v. Cully's Motorcross Park, Inc.Supreme Court of North Carolina · 2013
- Webb v. . RosemondSupreme Court of North Carolina · 1916
- Maultsby v. . BraddySupreme Court of North Carolina · 1916
- North Carolina Farm Bureau Mutual Insurance v. Cully's Motorcross Park, Inc.Supreme Court of North Carolina · 2013