Howie v. . Rea
Supreme Court of North Carolina
Civil actiof, upon an alleged contract, tried before Moore, J., at the Special (July) Term, 1873, of the Superior Court of M'ECklbNrubg county.
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Civil actiof, upon an alleged contract, tried before Moore, J., at the Special (July) Term, 1873, of the Superior Court of M'ECklbNrubg county. The plaintiff, for himself, testified that he agreed to make for defendant, of cast iron, a large twelve-feet driving wheel and arms to support it, and also a three-feet pinibn to work into the teeth of the driving wheel and be driven by it, and other appendages not necessary here to mention — the whole'to be used in the construction of a flouring mill. Plaintiff also stated that he was to be paid at the rates of o-J cents per pound for the same. That…
1Opinion of the Court
ByNüM, J.
1. Formerly it was the practice when an action was brought for an agreed price of work which was to be performed according to contract, to allow the plaintiff to recover the stipulated sum, leaving the defendant to his cross action for breach of the contract; because the law construed the contract as not importing that the performance of every portion of the work should be a condition precedent to the payment of the stipulated price, otherwise the least deviation would deprive the plaintiff of the whole price, and therefore the defendant was obliged to pay the price and recover for…
2Cited by5 opinions
- Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
- Durham Lumber Co. v. Wrenn-Wilson Construction Co.Supreme Court of North Carolina · 1959
- McKinnon v. . McIntoshSupreme Court of North Carolina · 1887
- Norman Lumber Co. v. Keystone Manufacturing Co.West Virginia Supreme Court · 1925
- Mason v. Town of AndrewsSupreme Court of North Carolina · 1926