Legal Opinion · Dissent

Coal Co. v. . Ice Co.

Supreme Court of North Carolina

Decided April 5, 1904PublishedCited by 16 opinions

ActioN by tbe Indian Mountain Jellico Goal Company against tbe Asheville Ice and Coal Company, beard by Judge W. A. Ilolce and a jury, at May Term, 1903, of tbe Superior Court of Buncombe County.

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ActioN by tbe Indian Mountain Jellico Goal Company against tbe Asheville Ice and Coal Company, beard by Judge W. A. Ilolce and a jury, at May Term, 1903, of tbe Superior Court of Buncombe County. This action was brought to recover tbe sum of $361.54 alleged by tbe plaintiff to be due from tbe defendant for coal sold and delivered to it in tbe months of February and March, 1899. Tbe coal was delivered under a contract between tbe parties, of which tbe following is a copy: “Pellico., TeNN., April 12, 1898. “This agreement, entered into this day by and between Indian Mountain Jellico Coal Co.,…

1DissentClark, C. J.

This action was brought to recover the sum of $361.54, alleged by the plaintiff to be due from the defendant for coal sold and delivered to it in the months of February and March, 1899. The coal was delivered under a contract between the parties, of which the following is a copy:(575) "JELLICO, TENN., 12 April, 1898.

"This agreement, entered into this day by and between Indian Mountain Jellico Coal Company, of Jellico, Tenn., and Asheville Ice and Coal Company, of Asheville, N.C. witnesseth: Party of the first part hereby agrees to sell party of the second part all the coal that may be…

2Cases cited28 opinions

  1. Dermott v. JonesSupreme Court of the United States · 1865
  2. Wicker v. HoppockSupreme Court of the United States · 1867
  3. Warren v. StoddartSupreme Court of the United States · 1882
  4. Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
  5. Tipton v. . FeitnerNew York Court of Appeals · 1859

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3Cited by16 opinions

  1. McCurry v. . PurgasonSupreme Court of North Carolina · 1915
  2. Hosiery Co. v. Cotton Mills.Supreme Court of North Carolina · 1906
  3. Pasquotank & North River Steamboat Co. v. Eastern Carolina Transportation Co.Supreme Court of North Carolina · 1914
  4. Berbarry v. . TombacherSupreme Court of North Carolina · 1913
  5. Durham Construction Co. v. WrightSupreme Court of North Carolina · 1925

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