Keaton v. . Jones
Supreme Court of North Carolina
OivrL actioN, tried before Robinson, Jand a jury, at Spring Term, 1896, of PekqueuaNS Superior Court. Th,e facts appear in the opinion of the Chief Justice.
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OivrL actioN, tried before Robinson, Jand a jury, at Spring Term, 1896, of PekqueuaNS Superior Court. Th,e facts appear in the opinion of the Chief Justice. His Honor on the trial charged the jury that if they should find that there were sunken logs, and that they were not taken into consideration at the time of settlement between the plaintiff and defendants, then plaintiff could go behind the receipt and would be entitled to recover whatever amount, the jury found to be the value of the lost logs at the contract price. Defendants excepted and appealed from the judgment rendered on the…
1Opinion of the Court
Faibcloth, C. J. :
The contract alleged in the first article of the complaint and admitted by the answer was “that on or about the .. day of February, 1893, defendants agreed and contracted with plaintiff to buy from him, at five dollars and fifty cents per thousand, all the logs which he would cut and put in tug-boat water in Perquimans River during the year 1893. That plaintiff was to inform defendants when the logs were put in water, according to agreement, and defendants were at once to send rafting gear, measure said logs, receive them and pay plaintiff for them.” Several rafts were…
2Cases cited1 opinion
- Harper v. . Dail Bro.Supreme Court of North Carolina · 1885
3Cited by3 opinions
- Schmitt v. BetheaSupreme Court of Florida · 1919
- Owens v. Reserve Loan Life InsuranceSupreme Court of North Carolina · 1934
- Town of Morganton v. MillnerSupreme Court of North Carolina · 1921