Gaston Farmers Warehouse Co. v. American Agricultural Chemical Co.
Supreme Court of North Carolina
ActioN, tried before Webb, J., and a jury, at January Term, 1918, of Gaston. Tbe action was brought to recover damages for failure to deliver-fertilizers for tbe fall season 1915, under a contract for tbe purchase-of the same. Tbe jury found (1) that the contract was made; (2) that there was a breach of it, and (3) assessed the damages at one cent. Judgment upon the verdict for the plaintiff and both parties appealed..
1Opinion of the Court
Waliíer, J.
As the plaintiff was successful on the first two issues,, we cannot consider its exceptions as to them, for if'there was error it was not prejudiced thereby, and it frankly admits that if it is wrong as to the exception taken to the charge of the court, presently to be set forth, its other exceptions must fail. The instruction of the court is this: “The court charges the jury that it cannot consider the price of fertilizers in the spring of 1916 as evidence of the market price on 30> November, 1915.”
The fertilizer, as we have already stated, was purchased for the fall delivery, and…
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- American Lumber Co. v. Quiett Manufacturing Co.Supreme Court of North Carolina · 1913
- Berbarry v. . TombacherSupreme Court of North Carolina · 1913
- McLaren v. Birdsong & SledgeSupreme Court of Georgia · 1858
- American Lumber Co. v. Drexel Furniture Co.Supreme Court of North Carolina · 1914
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