Holt v. . Wellons
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at March Term, 1913, Of JOHNSTON. This action was brought to recover damages for the breach • of a contract to sell and deliver cotton.
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Appeal by defendant from Garter, J., at March Term, 1913, Of JOHNSTON. This action was brought to recover damages for the breach • of a contract to sell and deliver cotton. The complaint alleges that Keen Company contracted to sell to Austin-Stephenson Company 200 bales of cotton at 10% cents per pound, 100 of the bales deliverable on 20 September, 1907, and the other 100 bales on 20 October, 1907 ;'that the contract was afterwards sold and transferred by Austin-Stephenson Company to the .plaintiff, S. S. Holt, and that Keen Company failed to deliver the cotton as they had agreed to do.…
1Opinion of the Court
WalxeR, J.,
after stating tbe case: We will consider tbe errors in tbe order assigned:
1. Tbe demurrer was properly overruled. Tbe contract, as alleged in tbe complaint, was not unilateral or without consideration or void. It was'bilateral and bound both parties, tbe defendant to deliver tbe cotton and tbe plaintiff to pay-the price, and for this reason also it was based upon a sufficient consideration, tbe mutual promises of tbe parties, being considerations for each other. 9 Cyc., 323. Tbe promise to sell and deliver tbe cotton was founded upon tbe reciprocal promise to pay tbe price as its…
2Cases cited9 opinions
- Rankin v. Mitchem.Supreme Court of North Carolina · 1906
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. . SimmonsSupreme Court of North Carolina · 1907
- State v. McGinnis.Supreme Court of North Carolina · 1905
- Edgerton v. . EdgertonSupreme Court of North Carolina · 1910
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- Orvis Bros. v. Holt-Morgan MillsSupreme Court of North Carolina · 1917
- Fenner v. . TuckerSupreme Court of North Carolina · 1938
- Brooks v. Orange Rice Mill Co.Supreme Court of North Carolina · 1921
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