Wilson v. Cotton Mills.
Supreme Court of North Carolina
ActioN by E. T. Wilson and others against Levi Cotton Mills, heard bj Judge Chas. M. Coolee and a jury, at the July Term, 1905, of the Superior Court of MecKLenbubg. From a judgment for the plaintiffs, the defendant appealed. Action for the price of cotton.
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ActioN by E. T. Wilson and others against Levi Cotton Mills, heard bj Judge Chas. M. Coolee and a jury, at the July Term, 1905, of the Superior Court of MecKLenbubg. From a judgment for the plaintiffs, the defendant appealed. Action for the price of cotton. Plaintiffs alleged that in March, 1904, they sold to the defendant 100 bales of cotton at $14.42 per 100 pounds, to be shipped by them and delivered at Eutherfordton, N. C., in April, May or June, at their option, and to be paid for in lots of 25 bales each on the 10th, 20th, 25th, and 30th of July of that year. This the defendant…
1Opinion of the Court
Walker, J.,
after stating the case: There can be no donbt bnt that the construction of a contract is a matter of law. If committed to writing, the meaning of the terms, when they are precise and explicit, is a question for the court, but if doubtful ,and uncertain they may be submitted to the jury, with proper instructions given hypothetically as the case may require, to ascertain the meaning and intent of the parties. The law is the same as to verbal contracts. If the terms are explicit the court determines their effect simply by declaring their legal meaning. If the parties dispute about the…
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- Howland v. StitzerSupreme Court of North Carolina · 1954
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