Millhiser v. . Erdman
Supreme Court of North Carolina
Civil action, tried before Shipp, Judge, at Spring Term, 1887, of GraveN Superior Court. The plaintiff testified that during the year 1885, and since} he was doing business in Richmond, Va., as dealer in leaf tobacco for rhe manufacturing of cigars, and that during said time the defendant was doing business in New Berné, N. C., that on or about the 28th of November, 1885, he received from defendant a postal card, as follows: “ New Berne, Nov. 27, ’85. Dear Sir: Are you still…
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Civil action, tried before Shipp, Judge, at Spring Term, 1887, of GraveN Superior Court. The plaintiff testified that during the year 1885, and since} he was doing business in Richmond, Va., as dealer in leaf tobacco for rhe manufacturing of cigars, and that during said time the defendant was doing business in New Berné, N. C., that on or about the 28th of November, 1885, he received from defendant a postal card, as follows: “ New Berne, Nov. 27, ’85. Dear Sir: Are you still in the leaf business? If so, send me sample of some binders, good stock, and sample of Havana and Havana wrappers; if…
1Opinion of the CourtMeeriMON, J.
In our judgment the Court misinterpreted the contract of sale, and misapprehended the legal effect of what the plaintiff did towards its execution.
The intention of the parties to the contract must prevail, and this must, in this* case, be ascertained from the correspondence set forth as above, and the attending circumstances, as these appear from the facts admitted, and in order to determine the meaning and purpose intended, the whole must receive a reasonable and just interpretation:
Unquestionably, if the plaintiff had not shipped the tobacco in controversy to the defendant Erdman, the…
2Cases cited3 opinions
- McDowell v. LockhartSupreme Court of North Carolina · 1885
- Palmer v. HandNew York Supreme Court · 1816
- Empire Drill Co. v. . AllisonSupreme Court of North Carolina · 1886
3Cited by7 opinions
- Wilson v. Commercial Finance Co.Supreme Court of North Carolina · 1954
- McCullers v. . CheathamSupreme Court of North Carolina · 1913
- Land Co. v. . BosticSupreme Court of North Carolina · 1914
- Davidson v. Diamond Furniture Co.Supreme Court of North Carolina · 1918
- Darley v. Ehrlich & Co.Court of Appeals of Georgia · 1924
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