Rankin v. Mitchem.
Supreme Court of North Carolina
ActioN by J. O. Rankin against D. W. Mitchem, lieard by Judge O. M. Goolce and a jury, at tbe September Term, 1905, of tbe Superior Court of Gaston. This was an action to recover damages for an alleged breach of contract on tbe part of tbe defendant in tbe purchase of one hundred bales of cotton.
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ActioN by J. O. Rankin against D. W. Mitchem, lieard by Judge O. M. Goolce and a jury, at tbe September Term, 1905, of tbe Superior Court of Gaston. This was an action to recover damages for an alleged breach of contract on tbe part of tbe defendant in tbe purchase of one hundred bales of cotton. Tbe following issues were submitted: 1. Did plaintiffs contract with tbe defendant to sell and deliver him 100 bales of strict middling cotton at Lowell, N. C., on February 20, 1905, for tbe price of 9% cents per pound? Answer: Yes. 2. Was tbe time for tbe delivery of said cotton extended by mutual…
1Opinion of the CourtBrown, J.
The controversy in this case as presented involves the consideration of the following contentions: Was the contract between the parties completed ? Were the plaintiffs able, ready and willing to deliver the cotton according to agreement? Was the contract a wagering contract?
1. The evidence for the plaintiffs is clear that a parol contract was entered into by plaintiffs on the one part and defendant on the other part, whereby plaintiffs contracted to sell and deliver to defendant at Lowell on February 20, 1905, 100 bales of cotton at 9% cents per pound, and equally clear that defendant…
2Cases cited3 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Quick v. . WheelerNew York Court of Appeals · 1879
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- Horton v. Humble Oil & Refining CompanySupreme Court of North Carolina · 1961
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