Miller v. . Green
Supreme Court of North Carolina
Appeal by defendant from Brock, J., at January Term, 1922, of Haywood. Civil action, tried on 21 April, 1920, tbe defendants and tbe Kroeler Manufacturing Company made tbe following contract; J. T. GbeeN Lumbeb Company, Tryon, N. C. Kroeleb Manueactubing Company, Naperville, Ill. Shipping information given from Naperville 80% draft attached. At once.
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Appeal by defendant from Brock, J., at January Term, 1922, of Haywood. Civil action, tried on 21 April, 1920, tbe defendants and tbe Kroeler Manufacturing Company made tbe following contract; J. T. GbeeN Lumbeb Company, Tryon, N. C. Kroeleb Manueactubing Company, Naperville, Ill. Shipping information given from Naperville 80% draft attached. At once. J. E. Kooha. ' We agree to sell and ship to Kroeler Manufacturing Company, of Naperville, Ill., oak lumber, all contents of logs that will make No. 2 common and better, thickness 4/4, 5/4, and 8/4. Amount this year approximately 200 thousand feet…
1Opinion of the CourtAdams, J.
"Where it can be ascertained and followed without contravening legal principles, the intention of the parties is ordinarily-accepted as the proper guide in the interpretation of contracts. If the contract is ambiguous words cannot be supplied which import an intention not expressed when the contract is made, for then the intention of the parties is to be deduced from the language employed; but if there is a latent ambiguity — if the contract is not clear and unequivocal — preliminary negotiations and surrounding circumstances may be considered for the purpose of determining what the parties…
2Cases cited1 opinion
- McMahan v. Black Mountain Railway Co.Supreme Court of North Carolina · 1915
3Cited by9 opinions
- Register v. WhiteSupreme Court of North Carolina · 2004
- Vestal v. VestalCourt of Appeals of North Carolina · 1980
- King v. . DavisSupreme Court of North Carolina · 1925
- Washington Square Securities, Inc. v. AuneCourt of Appeals for the Fourth Circuit · 2004
- Emerson v. CarrasCourt of Appeals of North Carolina · 1977
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