Homesley v. . Elias
Supreme Court of North Carolina
This was a Civil Action, for breach of contract, tried ■before his Honor Judge Buxton, at the Spring Term, 1876, of the Superior Court of Union County.
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This was a Civil Action, for breach of contract, tried ■before his Honor Judge Buxton, at the Spring Term, 1876, of the Superior Court of Union County. The summons in this suit issued 5th March, 1870, returnable to the Sup&rior Court of Cleaveland county, from whence it was removed, on affidavit, to the county of Gas-ton, and there tried (Fall Term, 1871), when the jury rendered a verdict in favor of the plaintiff, and he had judgment; from which judgment defendants appealed. See 66 N. G. Rep., 330. A new trial was awarded, and by consent the cause was removed to Union county. The contract…
1Opinion of the CourtRodmaN, J.
The stipulations of the parties to the contract of the 25th of January, 1865, although not concurrent —that is, to be performed at the same time and place— were dependent in the sense that if the defendants refused when called on to deliver cotton, the plaintiff might have rescinded the contract and refused to deliver yarn. But it does not follow that plaintiff, who has not rescinded the contract, is not entitled to have damages by reason of the breach of it by defendants. That defendants have broken their contract is clear, and seems to be admitted. The plaintiff is entitled to some damages,…
2Cases cited1 opinion
- Smith v. SanbornNew York Supreme Court · 1814
3Cited by7 opinions
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Berbarry v. . TombacherSupreme Court of North Carolina · 1913
- Horner v. Oxford Water & Electric Co.Supreme Court of North Carolina · 1910
- American Lumber Co. v. Drexel Furniture Co.Supreme Court of North Carolina · 1914
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
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