Davis v. . Smith
Supreme Court of North Carolina
This was a Civil ActioN on contract, tried at the January Term, 1876, of Cumberland -Superior Court, before his Honor, Judge Buxton.
Read the full summary
This was a Civil ActioN on contract, tried at the January Term, 1876, of Cumberland -Superior Court, before his Honor, Judge Buxton. The plaintiff, a copper-smith, sought to recover a balance due for a turpentine still and fixtures, furnished the defendants, doing business in Bladen County. ■On the trial in the Court below, there was much evidence heard irrelevant to the point decided in this Court, via-: as to the competency and effect of certain evidence; as also several exceptions taken, which were, in this Court, abandoned» -&C» The defendants alleged .that they had suffered loss, by…
1Opinion of the Court
Read®, J-
The plaintiff sold the defendant a still, and sued-him for the price. The defendant set up a counterclaim for damages, which he sustained by reason that the plaintiff did not deliver the still as soon as he had agreed to deliver it. The plaintiff and the defendant were both witnesses, and the point in dispute between them was, whether the still was to be delivered on a day certain, as the defendant alleged, or as soon as it could be made, as the plaintiff alleged. To sustain his version, the plaintiff called his workman, who testified that while hammering on a still he was called by…
2Cited by2 opinions
- State v. RobertsonSupreme Court of North Carolina · 1897
- State v. . CarsonSupreme Court of North Carolina · 1886