Brown Chemical Co. v. Atkinson, Cobb & Co.
Supreme Court of North Carolina
Civil• Action, tried at Spring Term, 1884, of Wilson Superior Court, before Shepherd,, J. The action was brought to recover for goods sold to the defendants. The allegations in the pleadings are substantially set out in the opinion of this court. It was'admitted that the contract of sale was made in the town of Wilson, N. C., and that the goods (the commercial fertilizers) were delivered as alleged.
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Civil• Action, tried at Spring Term, 1884, of Wilson Superior Court, before Shepherd,, J. The action was brought to recover for goods sold to the defendants. The allegations in the pleadings are substantially set out in the opinion of this court. It was'admitted that the contract of sale was made in the town of Wilson, N. C., and that the goods (the commercial fertilizers) were delivered as alleged. The correspondence between the parties referred to in the opinion, and bearing upon the contract and the issue submitted to the jury, is as follows : [Exhibit “ A.”] Baltimore, Md., Dec. 17, 1880.…
1Opinion of the CourtAshe, J.
The plaintiffs, partners in trade and doing business in the city of Baltimore, seek by this action to recover from the defendants, merchants and partners doing business in the town of Wilson, North Carolina, the balance of the value of forty tons of “Powell’s Tip Top Fertilizer” at twenty-seven dollars per ton, sold and delivered to the defendants between January 1st and March 1st, 1881, at Wilson.
The plaintiffs allege that only the sum of $595 has been paid by the defendants, and they demand judgment for the balance.
The defendants plead a counter-claim, and allege that the plaintiffs agreed…
2Cases cited2 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Vaughan v. . Raleigh and Gaston R. R. CompanySupreme Court of North Carolina · 1868
3Cited by9 opinions
- Richardson v. StateWyoming Supreme Court · 1907
- Blalock v. Clark.Supreme Court of North Carolina · 1904
- Richardson v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900
- Hughes v. Knott.Supreme Court of North Carolina · 1905
- Hay v. Union Fire InsuranceSupreme Court of North Carolina · 1914
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