Oldham v. . Kerchner
Supreme Court of North Carolina
Civil Action tried at January Special Term, 1878, of New Hanover Superior Court, before Moore, J. This was an action for damages for an alleged breach of contract, and the facts are sufficiently stated in the opinions delivered. There was a verdict for plaintiff, judgment, and appeal by defendant. '
1DissentSmith, C. J.
The plaintiff being indebted to the defendant by a judgment for about $2,300, wrote to defendant on 29 April, 1871, who was a large dealer in corn and meal, as follows : Dear Sir — I am without means now, of paying the Oldham, Denmark Co. claims (alluding to said judgment) and I propose to liquidate the claims with means at my command, and they are these, viz., to grind all the meal you want, on the following terms — for every 56 pounds of good clean corn furnished, I will return fifty pounds of bolted meal, sewed up in your sacks and delivered to your store, (you deliver corn to mill,) and…
2Cases cited6 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- MacE v. . RamseySupreme Court of North Carolina · 1876
- Brinkley v. . SwicegoodSupreme Court of North Carolina · 1871
- Spiers v. . Halstead, Haines Co.Supreme Court of North Carolina · 1876
- Clements v. . the StateSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Jones v. . CallSupreme Court of North Carolina · 1887
- Berbarry v. . TombacherSupreme Court of North Carolina · 1913
- Builders Supply & Equipment Corp. v. GaddSupreme Court of North Carolina · 1922
9 more not listed; retrieve them via the Exa API.