Sapona Iron Company v. . Holt
Supreme Court of North Carolina
Assumpsit, tried before Cloud, J., at Fall Term 1869 of Eowan Court. The plaintiff declared upon a special contract for the price of a steam engine, sold by it to the defendant in 1865. There was conflicting evidence whether the price was agreed upon, or was left undetermined; also* whether or not the engine was valuable or worthless.
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Assumpsit, tried before Cloud, J., at Fall Term 1869 of Eowan Court. The plaintiff declared upon a special contract for the price of a steam engine, sold by it to the defendant in 1865. There was conflicting evidence whether the price was agreed upon, or was left undetermined; also* whether or not the engine was valuable or worthless. It was shown that the plaintiff’s place of business was in Chatham County, and that the engine whilst there, before it had been seen by him, was sold to the defendant, and afterwards was delivered to, and accepted and used by him. It was also shown that the…
1Opinion of the CourtSettle, J.
This was an action of assumpsit brought upon a special contract, to recover $325, the price of a grist mill of the Harrison patent. ' The pleas were non assumpsit, and Illegal consideration.
In support of the latter plea it was contended,
1. ‘‘That the rebel convention in 1862 ” had no power to create a body corporate.
2. That if it had, as the charter in its terms provided that its affairs should “be managed by a Board of Directors, all of whom should be stockholders of said company, and citizens of Confederate States,” when the rebellion was crushed, the charter necessarily expired.
The reply…
2Cited by3 opinions
- Moore v. . HillSupreme Court of North Carolina · 1881
- Columbian Conservatory of Music v. DickensonSupreme Court of North Carolina · 1912
- Patapsco Guano Co. v. TillerySupreme Court of North Carolina · 1892