Guy v. . Bullard
Supreme Court of North Carolina
Appeal by plaintiff from Quion, J., at May Term, 1919, of SampsoN. ■ This is an action to recover a sawmill outfit. On 28 April, 1917, tbe plaintiff entered into a contract with the defendant Bullard in reference to said property, which contract was after-wards assigned to the defendant Owen.
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Appeal by plaintiff from Quion, J., at May Term, 1919, of SampsoN. ■ This is an action to recover a sawmill outfit. On 28 April, 1917, tbe plaintiff entered into a contract with the defendant Bullard in reference to said property, which contract was after-wards assigned to the defendant Owen. The contract recites “that whereas the said I. J. Guy is the owner of a certain sawmill outfit located in the county of Cumberland, on the Kelly Melvin land, which he is desirous of selling to the said Badger Bullard and which the said Badger Bullard is desirous of purchasing”; it then provides that “A.…
1Opinion of the CourtAllek-, J.
A contract very much, like the one before us was considered and construed in Puffer v. Lucas, 112 N. C., 377, and it was then held that contracts of this character are contracts of conditional sale, and that upon the payment of the purchase price the title to the property vests in the vendee.
This case has been affirmed several times, and notably in the case of Hamilton v. Highlands, 141 N. C., 280.
In this last case the plaintiff entered into a written contract with the defendant, which was called a lease, to hire to the use of the plaintiff for nineteen months a piano, etc., and to pay $50…
2Cases cited4 opinions
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Rankin v. Mitchem.Supreme Court of North Carolina · 1906
- State Ex. Rel. Petty v. RousseauSupreme Court of North Carolina · 1886
3Cited by9 opinions
- Cole v. Industrial Fibre Co.Supreme Court of North Carolina · 1931
- State Ex Rel. Greene County v. National BankSupreme Court of North Carolina · 1927
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- SZABO FOOD SERV., INC., OF NORTH CAROLINA v. Balentines, Inc.Supreme Court of North Carolina · 1974
- Wearn v. . R. RSupreme Court of North Carolina · 1926
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