Legal Opinion

J. H. Hayes Woolen Co. v. McKinnon

Supreme Court of North Carolina

Decided February 5, 1894Published

Action of claim and delivery, tried before Ármfield, J., and a. jury, at August Term, 1893, of BuNCOMbb Superior Court. The following issues were submitted to the jury: . “ 1. Did the defendants make the written contract set forth in the complaint with the plaintiff? Answer, Yes. “ 2. Is the plaintiff the owner of the goods which it claims in the complaint and entitled to the possession thereof? Answer, Yes.

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Action of claim and delivery, tried before Ármfield, J., and a. jury, at August Term, 1893, of BuNCOMbb Superior Court. The following issues were submitted to the jury: . “ 1. Did the defendants make the written contract set forth in the complaint with the plaintiff? Answer, Yes. “ 2. Is the plaintiff the owner of the goods which it claims in the complaint and entitled to the possession thereof? Answer, Yes. “ 3. What is the value of said goods? Answer, $794.23. “ 4. Pías the plaintiff failed to perform its part of said contract made with the defendants? Answer, Yes. “ 5. What damage have the…

1Opinion

After a careful examination of the defendant's answer we find no allegations upon which, as it appears to us, the fourth and fifth issues can be properly supported. Throughout that pleading there is a persistent denial that there was any contract between them and the plaintiff. It would be a hard measure, indeed, to allow the plaintiff to be mulcted in damages at defendants' instance for not doing what the defendants themselves insisted the plaintiff was not bound to do. These two issues and the findings thereon should be stricken out. In this appeal there is error. The judgment in this cause…

2Cases cited2 opinions

  1. Agent v. . WillisSupreme Court of North Carolina · 1899
  2. Penn Lumber Co. v. McPhersonSupreme Court of North Carolina · 1903

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