Legal Opinion
First National Pictures Distributing Corp. v. Seawell
Supreme Court of North Carolina
Decided November 1, 1933PublishedCited by 16 opinions
1Opinion of the CourtBrogden, J.
In suits based upon breach of contract, upon which party does the law impose the burden of offering evidence tending to show mitigation of damages?
A jury trial having been waived in the county court, the judge thereof found the facts and pronounced judgment thereon. There is evidence to support such findings, and consequently they are conclusive upon appeal to the Supreme Court. Caldwell County v. George, 176 N. C., 602, 97 S. E., 507; Mfg. Co. v. Lumber Co., 178 N. C., 571, 101 S. E., 214.
Tbe law commands that a person injured by tbe wrongful and negligent act of another is required to use…
2Cases cited7 opinions
- Monger v. . LutterlohSupreme Court of North Carolina · 1928
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Gibbs v. Western Union Telegraph Co.Supreme Court of North Carolina · 1929
- Mills v. . McRaeSupreme Court of North Carolina · 1924
- Novelty Advertising Co. v. Farmers Mutual Tobacco Warehouse Co.Supreme Court of North Carolina · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rose v. Vulcan Materials CompanySupreme Court of North Carolina · 1973
- Marion F. McDonald v. C. Y. Patton, Sr., Trading and Doing Business as Patton's Gulf ServiceCourt of Appeals for the Fourth Circuit · 1957
- Jamestown Mut. Ins. Co. v. Nationwide Mut. Ins. Co.Supreme Court of North Carolina · 1966
- Jamestown Mut. Ins. Co. v. Nationwide Mut. Ins. Co.Supreme Court of North Carolina · 1970
- Isbey v. CrewsCourt of Appeals of North Carolina · 1981
11 more not listed; retrieve them via the Exa API.