Jones v. Mial
Supreme Court of North Carolina
Civil Action, tried at Spring Term, 1878, of Wake Superior Court, before Seymour, J. The plaintiff brought this action for an alleged breach of a contract which is substantially as follows: This agreement made on the 30th of May, 1876, between the plaintiff and defendants, witnesseth, that the plaintiff covenants to establish a weekly agricultural journal, * * * and the defendants covenant to furnish the plaintiff with a paid up list of annual subscribers, not less than…
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Civil Action, tried at Spring Term, 1878, of Wake Superior Court, before Seymour, J. The plaintiff brought this action for an alleged breach of a contract which is substantially as follows: This agreement made on the 30th of May, 1876, between the plaintiff and defendants, witnesseth, that the plaintiff covenants to establish a weekly agricultural journal, * * * and the defendants covenant to furnish the plaintiff with a paid up list of annual subscribers, not less than fifteen hundred, at two dollars each per annum, one thousand of them to be furnished by the 1st of October, 1876, and the…
1Opinion of the CourtReabe, J.
The parties entered into a written contract to establish a public journal, the success of which was úncerr tain, depending upon popular favor. It is fair to suppose that each party intended and endeavored to perform what was promised, and that the failure was accidental. It is *167conceded by the defendants that they made the first breach in not furnishing the number of paid up subscribers by the 1st of October, as promised, and they do not controvert the position that if the plaintiff had abided by the contract he could have sued upon it and recovered of the defendants for their breach, but they…
2Cited by9 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
- Edgerton v. TaylorSupreme Court of North Carolina · 1922
- Moore v. . NowellSupreme Court of North Carolina · 1886
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