Carter v. . McNeely
Supreme Court of North Carolina
This was an action of assumpsit, tried at Spring Term, 1841, before his Honor Judge Manly. There having been a verdict and judgment for the plaintiff, under the charge of the Court, the defendant appealed to the Supreme Court, The facts are set forth in the opinion of the Court. insisted, that the plaintiff should have been non-suited; that he could not recover on an implied contract for goods sold and delivered, when they were delivered under a special contract; that one…
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This was an action of assumpsit, tried at Spring Term, 1841, before his Honor Judge Manly. There having been a verdict and judgment for the plaintiff, under the charge of the Court, the defendant appealed to the Supreme Court, The facts are set forth in the opinion of the Court. insisted, that the plaintiff should have been non-suited; that he could not recover on an implied contract for goods sold and delivered, when they were delivered under a special contract; that one party could not rescind the contract at his pleasure; and that the plaintiff, having been in default in not performing his…
1Opinion of the CourtRuffin, C. J.
This is an action of assumpsit, brought in December, 1837, to recover the price of a crop of cotton sold by the plaintiff to the defendant. It arises out of the transaction stated in the case reported, 1 Ired. 141, between the same parties reversed. The facts there stated, are agreed on in this case, with the addition of the following circumstances; The plaintiff delivered to the defendant, under the written contract, his crop in parcels, as follows:
1837. Jan. 25th, Apl. 14th & 15th, 26th,
lb. 5460 45041 29224
The declaration contained two counts : the one. on the special agreement and claiming…
2Cited by4 opinions
- Charles B. Smith Co. v. DuncanCourt of Appeals of Texas · 1914
- Spencer v. TreanorIndiana Court of Appeals · 1922
- Charles B. Smith Co. v. DuncanCourt of Appeals of Texas · 1914
- Good v. . HarrisSupreme Court of North Carolina · 1843