Simpson, Bass & Co. v. Pegram
Supreme Court of North Carolina
Civil ACTION by Simpson, Bass & Co. against T. H. Pogram, Jr., and J. C. Buxton and J. S. Grogan, assignees of Pogram, for the benefit of creditors, to recover the pro-coeds of the sale of flour alleged to have been consigned by plaintiffs to Pegram for sale by him on commission, and which passed to the assignees by the assignment of Pegram, and was sold by them. The action was tried before Arm-field, J., and a jury, at July (special) Term, 1892, of For-syth Superior Court.
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Civil ACTION by Simpson, Bass & Co. against T. H. Pogram, Jr., and J. C. Buxton and J. S. Grogan, assignees of Pogram, for the benefit of creditors, to recover the pro-coeds of the sale of flour alleged to have been consigned by plaintiffs to Pegram for sale by him on commission, and which passed to the assignees by the assignment of Pegram, and was sold by them. The action was tried before Arm-field, J., and a jury, at July (special) Term, 1892, of For-syth Superior Court. The plaintiffs sought to follow the proceeds of the sale of the flour in the hands of the assignees. ■ Defendants…
1Opinion of the Court
Shepherd, (1 J.:
It is unquestionably true, as contended by the defendants’ counsel, that where the terms of a contract have been ascertained or where it is evidenced by a written instrument, or, as in this case, by written correspondence between the parties, “the entire construction of the contract, that is, the ascertainment of the intention of the parties, as well as the effect of that intention, is a pure question of law, and the whole office of the jury is to pass on the existence of tlic alleged written agreement.” Spragins v. White, 108 N. C., 449.
If, however, the language used is…
2Cases cited2 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
3Cited by9 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Blalock v. Clark.Supreme Court of North Carolina · 1904
- Edwards v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1897
- Edwards v. . R. R.Supreme Court of North Carolina · 1897
- Wilson v. Cotton Mills.Supreme Court of North Carolina · 1905
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