Legal Opinion

Patrick-Mosteller Co. v. James R. Baker & Co.

Supreme Court of North Carolina

Decided December 15, 1920PublishedCited by 4 opinions

Appeal by both parties from Harding, J., at May Term, 1920, of Catawba. This suit was brought to recover damages for the breach of a contract, whereby the defendants agreed to sell and deliver to the plaintiff one thousand cases of No. 1 Standard Alaska Pink Salmon, 1919 pack, 48 cans to the case, at the price of $1.50 per dozen cans, one and a half per cent off if paid for within ten days' from date of shipment.

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Appeal by both parties from Harding, J., at May Term, 1920, of Catawba. This suit was brought to recover damages for the breach of a contract, whereby the defendants agreed to sell and deliver to the plaintiff one thousand cases of No. 1 Standard Alaska Pink Salmon, 1919 pack, 48 cans to the case, at the price of $1.50 per dozen cans, one and a half per cent off if paid for within ten days' from date of shipment. Defendants delivered only 310 cases of the salmon, leaving 690 cases undelivered because of the rise in the market price from $1.50 to $2.25 per dozen cans, as plaintiff alleges. The…

1Opinion of the Court

Walker, J.,

after stating tie’ case: It will be impossible to decide this case upon its true merits, at this time, because it has been-tried witi slight regard to correct procedure, and the court has been misled into giving judgment without ascertaining all of the pertinent facts.

When tie plaintiff brought this action and caused an attachment to be issued and levied on tie funds in tie Bank of Hickory, because, as he alleged, tiey belonged to tie defendant Wakefield & Company, who drew tbe draft payable to the order of the Bank of California, it became the first duty of the court to ascertain…

2Cases cited8 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Cooper v. ReynoldsSupreme Court of the United States · 1870
  3. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  4. Winfree v. . BagleySupreme Court of North Carolina · 1889
  5. Wallace Bros. v. RobesonSupreme Court of North Carolina · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
  2. Hambley v. . WhiteSupreme Court of North Carolina · 1926
  3. Stanley v. BrownSupreme Court of North Carolina · 1964
  4. Stanley v. BrownSupreme Court of North Carolina · 1964

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