Basnight v. Southern Jobbing Co.
Supreme Court of North Carolina
. ActioN beard before W. B. Allen, J., and a jury, at February Term, 1908, of OeavbN. Tbis is an action by tbe plaintiff against tbe Southern Jobbing Company, J. J. -Baxter and W. J. O’Neal, to recover tbe sum of $5,000, wbicb was paid by bim for fifty,shares of tbe stock of tbe jobbing company, under an agreement between bim and tbe said parties, wbicb is as follows: “Tbis agreement, made and entered into tbis 24 May, 1905, by and between tbe Southern Jobbing Company, a…
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. ActioN beard before W. B. Allen, J., and a jury, at February Term, 1908, of OeavbN. Tbis is an action by tbe plaintiff against tbe Southern Jobbing Company, J. J. -Baxter and W. J. O’Neal, to recover tbe sum of $5,000, wbicb was paid by bim for fifty,shares of tbe stock of tbe jobbing company, under an agreement between bim and tbe said parties, wbicb is as follows: “Tbis agreement, made and entered into tbis 24 May, 1905, by and between tbe Southern Jobbing Company, a corporation in tbe State of North Carolina, party of .the first -part, and Jesse S. Basnight, party of tbe second part, and…
1Opinion of the Court
WalKRR, J.,
after stating the case: The decision of this case must depend upon what appears in the pleadings. The plaintiff alleges the execution of the contract sued on, which •is admitted by the defendants in their answer. The terms of that contract are plain and unambiguous. The defendants explicitly agree therein with the plaintiff that they will become sureties of the jobbing company for the strict performance of the obligation assumed by the company, which is that, upon demand, and one year from the date of the contract, the jobbing company will pay to the plaintiff the sum of $5,000 for…
2Cases cited16 opinions
- The DelawareSupreme Court of the United States · 1872
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- Ray v. . BlackwellSupreme Court of North Carolina · 1886
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