Berbarry v. . Tombacher
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at September Term, 1912, of New Hanover. This action was brought to recover damages for the failure to deliver certain goods bought by plaintiff from defendant in New York, which was also the place of" delivery fixed by the contract of sale.
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Appeal by defendant from Garter, J., at September Term, 1912, of New Hanover. This action was brought to recover damages for the failure to deliver certain goods bought by plaintiff from defendant in New York, which was also the place of" delivery fixed by the contract of sale. The goods bought by plaintiff consisted of .men’s and children’s clothing: 165 pairs of pantaloons and 299 serge and cassimere suits for children, which had been damaged by water used in extinguishing a fire in defendant’s store, the price being $237.05. The amount of damages claimed by plaintiff is $850. Verdict and…
1Opinion of the CourtWalKER, J.
There are several questions of evidence in the case. The plaintiff offered testimony as to the real value of the goods he bought, with the view of showing that they were worth a great deal more than he gave for them, and .a witness, L. W. Davis, was introduced by tbe defendants to- prove tbat be bad seen tbe defendants’ stock of goods but a short time before tbe sale to plaintiff. Tbis testimony was offered to sbow tbat defendants bad not kept in tbeir stock any goods of tbe character and value of those described by the plaintiff’s witnesses. It is evident tbat tbe witness was not qualified…
2Cases cited8 opinions
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Roberts v. BenjaminSupreme Court of the United States · 1888
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Oldham v. . KerchnerSupreme Court of North Carolina · 1878
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3Cited by12 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Storey v. . StokesSupreme Court of North Carolina · 1919
- State v. Chambers.Supreme Court of North Carolina · 1920
- American Lumber Co. v. Drexel Furniture Co.Supreme Court of North Carolina · 1914
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