Cargill, Inc. v. Neuse Production Credit Ass'n
Court of Appeals of North Carolina
Appeal by plaintiff from Browning, Judge. Judgment entered 21 January 1975 in Superior Court, Johnston County. Heard in the Court of Appeals 18 June 1975. Plaintiff filed a complaint alleging that defendant had a note with F. W. and Lillie Wood secured by a lien on the Woods’ hogs; that plaintiff and defendant entered a contract whereby plaintiff would advance feed to the Woods and defendant would, as payments were received from the Woods on its note, reissue checks in the…
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Appeal by plaintiff from Browning, Judge. Judgment entered 21 January 1975 in Superior Court, Johnston County. Heard in the Court of Appeals 18 June 1975. Plaintiff filed a complaint alleging that defendant had a note with F. W. and Lillie Wood secured by a lien on the Woods’ hogs; that plaintiff and defendant entered a contract whereby plaintiff would advance feed to the Woods and defendant would, as payments were received from the Woods on its note, reissue checks in the same amount to plaintiff and that defendant received $5,300 in checks from the Woods, but refused to reissue checks to…
1Opinion of the Court
CLARK, Judge.
In its motion for directed verdict, defendant relied on a number of alternative grounds, one being that plaintiff failed to show that defendant had in any way breached the oral agreement. In this regard, defendant relies on the testimony of plaintiff’s district manager who testified that defendant agreed to reissue checks only on the terms which defendant exacted which implicitly required that the Woods execute new notes to defendant before reissuing checks to the plaintiff. It is specifically argued that this was a condition precedent to defendant’s obligation to reissue checks…
2Cases cited1 opinion
- Jones v. Palace Realty Co.Supreme Court of North Carolina · 1946
3Cited by9 opinions
- FARMERS BANK, ETC. v. Michael T. Brown DistributorsSupreme Court of North Carolina · 1983
- Craftique, Inc. v. Stevens and Co., Inc.Supreme Court of North Carolina · 1988
- McClure Lumber Co. v. Helmsman Construction, Inc.Court of Appeals of North Carolina · 2003
- Parrish Tire Co. v. MorefieldCourt of Appeals of North Carolina · 1978
- Chavis v. State Farm Fire & Casualty Co.Court of Appeals of North Carolina · 1986
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