Sprout v. . Ward
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at the July Term, 1920, of RANDOLPH. Plaintiff contracted with defendants to sell them a roller-mill outfit for $1,225, to be paid in certain specified installments.
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Appeal by plaintiff from Lane, J., at the July Term, 1920, of RANDOLPH. Plaintiff contracted with defendants to sell them a roller-mill outfit for $1,225, to be paid in certain specified installments. It shipped the mill to defendants, who alleged that it whs so defective that it would not make good flour, and by reason thereof they failed to get patronage which otherwise they would have received, some of defendants’ witnesses testifying that they would have had their wheat ground at defendants’ mill “if they had made as good flour there as was made anywhere else,” and one of their witnesses,…
1Opinion of the Court
Walker, J.,
after stating the material facts: The judge erred, at least, in receiving the testimony of the witness, Marcus Briles, above set forth. Conceding for the sake of discussion that it was competent to show by witnesses that they, would have had their flour and corn ground at defendants’ mill if it had made good flour, the testimony of Briles should not have been admitted for that purpose, as he was not certain himself that he would have patronized the mill under the circumstances stated in the question, and it was not more than “likely” that he would. If he was not certain, how could…
2Cases cited12 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Perkins v. LangdonSupreme Court of North Carolina · 1953
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Brewington v. LoughranSupreme Court of North Carolina · 1922
- Parris v. H. G. Fischer & Co.Supreme Court of North Carolina · 1942
6 more not listed; retrieve them via the Exa API.