Merrill v. . Tew
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at the October Term, 1921, of OaRTERET. The plaintiff alleges that he sold to the defendant, and that the defendant purchased from him, a carload of potatoes about the first of June, 1919. That the car contained 210 barrels at $7.10 a barrel.
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Appeal by defendant from Lyon, J., at the October Term, 1921, of OaRTERET. The plaintiff alleges that he sold to the defendant, and that the defendant purchased from him, a carload of potatoes about the first of June, 1919. That the car contained 210 barrels at $7.10 a barrel. That the potatoes were primes or No. l’s, that he raised eighty barrels himself, and bought from Dickinson one hundred and ten barrels, and from Springle twenty barrels, paying them $7 per barrel, to enable him to carry out his contract with the defendant. He alleges that he carried out his contract with the defendant.…
1Opinion of the CourtWalker, J.
Tbe foregoing statement sets forth tbe main features of tbe controversy.
There was evidence that tbe defendant did not refuse to take tbe potatoes until just after be bad received and read a telegram from. New York indicating that tbe market bad declined or was “going off.” Tbe plaintiff testified that tbe defendant bad .told him to load tbe potatoes on tbe car, and be would come to tbe railroad station and pay for them, but refused them after be bad read tbe telegram. Tbe defendant, on tbe contrary, testified that be bad examined tbe lot of potatoes as well as be could under tbe circumstances…
2Cases cited3 opinions
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- Heilig v. . DumasSupreme Court of North Carolina · 1871
- McRae v. . LillySupreme Court of North Carolina · 1840
3Cited by4 opinions
- Johnson v. MassengillSupreme Court of North Carolina · 1972
- Hutchins v. DavisSupreme Court of North Carolina · 1949
- State v. . ShepherdSupreme Court of North Carolina · 1924
- Terry v. American Fruit Growers, Inc.Superior Court of Delaware · 1925