Jones v. . Wilson
Supreme Court of North Carolina
Contract— Consideration — Evidence, Irrelevant. Civil action, tried before MacRae, J., at Fall Term, 1888, of Chowan Superior Court.
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Contract— Consideration — Evidence, Irrelevant. Civil action, tried before MacRae, J., at Fall Term, 1888, of Chowan Superior Court. On the 2d day of August, 1886, the plaintiffs on the one part and the defendants on the other part, entered into a written contract in which it was provided that the defendants sold to plaintiffs “ the Skinner’s Point Fishery and the lands attached belonging thereto, and bought of Caroline M. Wood by Wilson A. Mizell, particularly described in her •deed; also all the fishing material used by Wilson and Mizell on said fishery, including that bought of C. M. Wood,…
1Opinion of the CourtShepherd, J.
We are unable to see how the defendants were prejudiced by the admission of the testimony of the witness Skinner, to the effect that the defendant Mizell had “ recommended the material highly and had told witness that it was in good order.” It appears to have been in reply to the testimony of Mizell “that (before the sale) he told Mr. Skinner that defendants had put a good deal of new material in there, and that plaintiffs would have little to buy.” The issue was simply as to whether the defendants had delivered to the plaintiffs the property which they had purchased, and the testimony was…
2Cases cited4 opinions
- William R. McKenzie v. . Thomas N. and W. R. CulbrethSupreme Court of North Carolina · 1872
- Glover v. . FlowersSupreme Court of North Carolina · 1888
- Mitchell v. SawyerSupreme Court of North Carolina · 1874
- Ennis v. . EnnisSupreme Court of North Carolina · 1928
3Cited by3 opinions
- Bank of America National Trust & Savings Ass'n v. StotskyWashington Supreme Court · 1938
- Cross v. . R. R.Supreme Court of North Carolina · 1916
- Mitchell v. . SawyerSupreme Court of North Carolina · 1874