Owens v. Wright
Supreme Court of North Carolina
Appeal by plaintiffs from Whedbee, J., at July Special Term, 1912, of Durham. Civil action. The complaint sets out two causes of action: (1) To recover damages for breach of contract in regard to the sale of a stock of goods; (2) to restrain the sale of plaintiffs’ real estate under the power of sale, contained in a deed in trust from plaintiffs to H. A. Eoushee, trastee, securing a note for $4,000, bearing interest from maturity, due twelve months after date, dated 31…
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Appeal by plaintiffs from Whedbee, J., at July Special Term, 1912, of Durham. Civil action. The complaint sets out two causes of action: (1) To recover damages for breach of contract in regard to the sale of a stock of goods; (2) to restrain the sale of plaintiffs’ real estate under the power of sale, contained in a deed in trust from plaintiffs to H. A. Eoushee, trastee, securing a note for $4,000, bearing interest from maturity, due twelve months after date, dated 31 August, 1909, payable by J. Henry Smith Com-¡Dany, a corporation, and J. E. and Emma D. Owens to J. Henry Smith and indorsed…
1DissentWaleer, J.
I concur in so much of the Court’s opinion as relates to the contract between plaintiff and defendant E. H. "Wright, for the purchase of the goods formerly belonging to Smith Company, and sold by the receivers, as my view is that there was evidence of a breach of that contract entitling plaintiff to his damages for the same; but on the other question, as to the usury and the plaintiff’s rights in that respect, the view which I take of the law compels me to dissent.
I do not deny that there are a few precedents which apparently support the conclusion reached by the Court, but they do not take…
2Cases cited22 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Gay v. ParpartSupreme Court of the United States · 1883
- Miller v. Life Insurance Co.Supreme Court of North Carolina · 1896
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- Ward v. . SuggSupreme Court of North Carolina · 1893
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