Tillinghast v. Cotton Mills.
Supreme Court of North Carolina
ActioN by Tillinghast-Styles Company against tbe Providence Cotton Mills for breach of contract, beard by Judge G. M. GooTce and a jury, at tbe May Term, 1906, of tbe Superior Court of Catawba. On tbe part of plaintiff tbere was allegation and evidence tending to show that on or about 5 June, 1905, defendant contracted to sell and deliver to plaintiff, f. O’, b.
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ActioN by Tillinghast-Styles Company against tbe Providence Cotton Mills for breach of contract, beard by Judge G. M. GooTce and a jury, at tbe May Term, 1906, of tbe Superior Court of Catawba. On tbe part of plaintiff tbere was allegation and evidence tending to show that on or about 5 June, 1905, defendant contracted to sell and deliver to plaintiff, f. O’, b. Providence, R. I., a quantity of cotton yams as follows: 10,000 lbs. 24 2s regular warp twist skeins, at 18%c. 10,000 lbs. 26 2s regular warp twist skeins, at 19%.c. Tbat defendant delivered tbe 26 2s as per contract, save a lot of…
1Opinion of the Court
Hoice, L,
after stating tbe case: There is no merit in tbe exception of defendant to tbe refusal of tbe Judge below to enter judgment by default on bis counter-claim. In tbe first place, pursuant to leave given by tbe Court, a formal denial was entered, and tbe order allowing sucb denial was in tbe sound discretion of tbe Judge below. Eevisal 1905, sec. 512.
Again, the plaintiff’s cause of action set out in tbe complaint was, in itself, a direct denial of tbe counter-claim.
Tbe complaint alleged a contract of sale and a breach thereof on tbe part of defendant.
Defendant denied that this was an…
2Cases cited5 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Lindley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Phipps v. . WilsonSupreme Court of North Carolina · 1899
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