Richardson v. . Woodruff
Supreme Court of North Carolina
ActiON tried before Devin, J., and a jury, at March Term, 1919, of Pasquotank. The action is to recover damages for failure to deliver 100 barrels of seed potatoes, pursuant to a contract of defendant with plaintiff, J. W. Eichardson, and in wbieb coplaintiff had acquired an interest pending negotiations. The amount of $5 per barrel had been paid by plaintiff making order, on “deposit,” to be applied towards the purchase money, pursuant to the terms of the agreement.
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ActiON tried before Devin, J., and a jury, at March Term, 1919, of Pasquotank. The action is to recover damages for failure to deliver 100 barrels of seed potatoes, pursuant to a contract of defendant with plaintiff, J. W. Eichardson, and in wbieb coplaintiff had acquired an interest pending negotiations. The amount of $5 per barrel had been paid by plaintiff making order, on “deposit,” to be applied towards the purchase money, pursuant to the terms of the agreement. There was denial of liability by defendant and a counterclaim for balance of the purchase money alleged to be due defendants,…
1Opinion
Plaintiff excepted and appealed from a ruling of the court restricting the amount of damages to the $500 advanced as a deposit. The plaintiff having, as established by the verdict, rightfully exercised his privilege of rejecting the potatoes because not in compliance with the specifications, the title to the goods remained in the defendants, plaintiffs are assuredly entitled to recover the $500 paid on deposit, and, as now advised, we see no reason why, in addition to this amount, they should not be allowed to recover the difference between the contract and market price at the time and place…
2Cases cited9 opinions
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Statesville Flour Mills Co. v. Wayne Distributing Co.Supreme Court of North Carolina · 1916
- Jeanette Bros. v. Hovey & Co.Supreme Court of North Carolina · 1922
- Welles Co. v. . SatterfieldSupreme Court of North Carolina · 1925
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