Richardson v. . Woodruff
Supreme Court of North Carolina
ActiON tried before Devin, J., and a jury, at March Term, 1919, of Pasquotank. The action is to recover damages for failure to deliver 100 barrels of seed potatoes, pursuant to a contract of defendant with plaintiff, J. W. Eichardson, and in wbieb coplaintiff had acquired an interest pending negotiations. The amount of $5 per barrel had been paid by plaintiff making order, on “deposit,” to be applied towards the purchase money, pursuant to the terms of the agreement.
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ActiON tried before Devin, J., and a jury, at March Term, 1919, of Pasquotank. The action is to recover damages for failure to deliver 100 barrels of seed potatoes, pursuant to a contract of defendant with plaintiff, J. W. Eichardson, and in wbieb coplaintiff had acquired an interest pending negotiations. The amount of $5 per barrel had been paid by plaintiff making order, on “deposit,” to be applied towards the purchase money, pursuant to the terms of the agreement. There was denial of liability by defendant and a counterclaim for balance of the purchase money alleged to be due defendants,…
1Opinion of the Court
The action is to recover damages for failure to deliver 100 barrels of seed potatoes, pursuant to a contract of defendant with plaintiff, J. W. Richardson, and in which coplaintiff had acquired an interest pending negotiations. The amount of $5 per barrel had been paid by plaintiff making order, on "deposit," to be applied towards the purchase money, pursuant to the terms of the agreement.
There was denial of liability by defendant and a counterclaim for balance of the purchase money alleged to be due defendants, claiming that the potatoes were in all respects up to contract specifications.
On…
2Cases cited14 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
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3Cited by9 opinions
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- Paint and Lead Works v. . SpruillSupreme Court of North Carolina · 1923
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