Guano Co. v. Edwards.
Supreme Court of North Carolina
AotioN by tbe Pocomoke Guano Company against B. W. Edwards, beard by Judge Frederick Moore, at December Term, 1903, of tbe Superior Court of Geebne County, From a judgment for tbe defendant tbe plaintiff appealed.
1Opinion of the CourtWalker, J.
There is no material difference between tbe facts in this case and those in Chemical Co. v. Edwards, decided at this term. 136 N. C., 73. It was provided in tbe contract under which tbe guano was shipped to Sugg, that the notes and accounts of fertilizers sold by him should be sent to tbe plaintiff and by tbe latter returned to Sugg for collection. Then follows this clause: “All proceeds as collected must be first applied to tbe payment of your obligations to us, whether tbe same shall have matured or not.” This provision, which is not in the contract, construed in the other case, requires an…
2Cases cited1 opinion
- Chemical Co. v. Edwards.Supreme Court of North Carolina · 1904
3Cited by1 opinion
- Kelly v. KellySupreme Court of North Carolina · 1954