State's Prison v. Hoffman & Bros.
Supreme Court of North Carolina
Atj.en. X. dissenting; Hoke, X. concurring in the dissenting opinion. Appeai, by defendant from Bra,gem, J., at Aprii Term, 1912, of Wake. Action upon contract for sale and delivery of goods, wlierein the defendants set up a counterclaim for damages for the plaintiff’s failure to deliver in accordance with its terms.
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Atj.en. X. dissenting; Hoke, X. concurring in the dissenting opinion. Appeai, by defendant from Bra,gem, J., at Aprii Term, 1912, of Wake. Action upon contract for sale and delivery of goods, wlierein the defendants set up a counterclaim for damages for the plaintiff’s failure to deliver in accordance with its terms. The defendants appealed from the following judgment: This case coming on to he heard, and being heard before his Honor, Stephen 0. Bragaw, judge presiding, and a jury, at the April Term, 1912, of the Superior Court of Wake County. After the conclusion of the evidence, the…
1Opinion of the CourtBrown, J.
In this action plaintiff seeks to recover balance due on 10,475 bushels of peanuts, sold to defendants, who pleaded a breach of contract by way of counterclaim.
By consent, the judge below tried the case as judge and jury. He rendered a verdict and judgment for plaintiff.
We concur with his Honor in the judgment rendered, but think that, while reaching a correct conclusion, he gave the wrong reason for it. In no view of the evidence has there been a breach of the contract by plaintiffs. The peanuts were sold in December, 1909, to be delivered and paid for 1 January, *5671910, at tbe railroad…
2Cases cited1 opinion
- Waldo v. . BelcherSupreme Court of North Carolina · 1850
3Cited by3 opinions
- Granberry v. Texas Public Service Co.Court of Appeals of Texas · 1943
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Roberts v. Life Insurance Co.Supreme Court of North Carolina · 1896