Fay v. . Crowell
Supreme Court of North Carolina
Appeal by plaintiff from Bay, J., at February Term, 1921, of StaNly. Civil action to recover balance due on ten promissory notes executed by tbe defendant and delivered to tbe plaintiff for a certain quantity of mill machinery.
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Appeal by plaintiff from Bay, J., at February Term, 1921, of StaNly. Civil action to recover balance due on ten promissory notes executed by tbe defendant and delivered to tbe plaintiff for a certain quantity of mill machinery. Defendant denied full liability, and alleged tbat said notes “would bave been paid in full if tbe plaintiff bad given defendant proper adjustment and offsets on tbe machine No. 257, known as tbe resaw, on account of tbe defects in said machine as hereinbefore fully set out.” Defendant also alleged tbat tbe machinery shipped was different from and less valuable than…
1Opinion of the CourtStacy, J.
On 23 January, 1919, tbe plaintiff, through its agent, sold to tbe defendant a certain quantity of mill machinery, guaranteeing tbe same in every respect; and, in payment therefor, it was agreed tbat tbe plaintiff would accept in exchange tbe defendant’s second-hand machine as part payment, $525 in cash, and bis promissory notes for tbe balance. Tbe contract was in writing and contained tbe following stipulation: “That in case of rejection tbe undersigned will promptly deliver it (tbe machinery) to consignor, f. o. b. Cincinnati, Ohio; tbat this contract is not modified or added to by any…
2Cases cited13 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Fay & Eagan Co. v. Dudley & SonsSupreme Court of Georgia · 1907
- Parker v. Fenwick.Supreme Court of North Carolina · 1905
- Farquhar Co. v. Hardy Hardware Co.Supreme Court of North Carolina · 1917
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- J. A. Fay & Egan Co. v. Roseland Box Co.Supreme Court of Louisiana · 1930
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- Branyan & Peterson, Inc. v. Fairfax Mfg. Co.Supreme Court of South Carolina · 1951