T. C. May Co. v. Menzies Shoe Co.
Supreme Court of North Carolina
Appeal by defendant from Allen> J., at October Term, 1921, of Nash. The plaintiff is a corporation conducting a mercantile business at Spring Hope, and the defendant is a corporation' organized and existing under the laws of Wisconsin. On 6 February, 1919, the plaintiff gave the defendant’s salesman two orders for shoes. The first ($93.60) was shipped, payable 45 days net, on 11 April, and was paid by the plaintiff on 24 June.
Read the full summary
Appeal by defendant from Allen> J., at October Term, 1921, of Nash. The plaintiff is a corporation conducting a mercantile business at Spring Hope, and the defendant is a corporation' organized and existing under the laws of Wisconsin. On 6 February, 1919, the plaintiff gave the defendant’s salesman two orders for shoes. The first ($93.60) was shipped, payable 45 days net, on 11 April, and was paid by the plaintiff on 24 June. The plaintiff alleges that to the orders was attached a slip of paper which was as follows: “We protect you. If we can reduce prices before this order is shipped, we…
1Opinion of the CourtAdams, J.
The definition of a contract as an agreement to which the law attaches obligation implies, among other essential elements, the mutual assent of the parties, which generally results from an offer on the one side and acceptance on the other. The offer, when communicated, is a mere proposal to enter into the agreement, and must be accepted before it can become a binding promise; but when it is communicated, and shows an intent to assume liability, and is understood and accepted by the party to whom it is made, it becomes at once equally binding upon the promissor and the promissee. 1 Page on…
2Cases cited5 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Newby v. Atlantic Coast Realty Co.Supreme Court of North Carolina · 1921
- McCaskill v. . WalkerSupreme Court of North Carolina · 1907
- Sikes v. Life Insurance Co. of VirginiaSupreme Court of North Carolina · 1907
- Weathers v. . BaldwinSupreme Court of North Carolina · 1922
3Cited by10 opinions
- Bear Brand Hosiery Company v. Tights, Inc.Court of Appeals for the Fourth Circuit · 1979
- Schwarz v. St. Jude Med., Inc.Court of Appeals of North Carolina · 2017
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
- Executive Leasing Associates, Inc. v. RowlandCourt of Appeals of North Carolina · 1976
- Elliott Building Co. v. City of GreensboroSupreme Court of North Carolina · 1925
5 more not listed; retrieve them via the Exa API.