Herring v. Armwood.
Supreme Court of North Carolina
ActioN by B. W. Herring against W. H. Armwood, heard by Judge O. H. Allen and a jury, at December Term, 1901, of the Superior Court of DupliN County. From a judgment for the plaintiff, the defendant appealed. This is an action to recover under claim and delivery proceedings the possession of two- bales of cotton, alleged by plaintiff to be his property, and to be worth $81, wrongfully withheld by defendant.
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ActioN by B. W. Herring against W. H. Armwood, heard by Judge O. H. Allen and a jury, at December Term, 1901, of the Superior Court of DupliN County. From a judgment for the plaintiff, the defendant appealed. This is an action to recover under claim and delivery proceedings the possession of two- bales of cotton, alleged by plaintiff to be his property, and to be worth $81, wrongfully withheld by defendant. Defendant denies plaintiff’s ownership and that his withholding possession is unlawful, and alleges that the cotton is worth greatly more than $81. And for a second defense and…
1Opinion of the Court
Cook, J.,
after stating the case. The sole question involved in this appeal, when stripped of its technical paraphernalia, is whether an action for damages will lie for a breach of contract in failing to furnish fertilizers, whereby the yield of the crop was decreased, because such damage or failure in the yield would be too remote ?
His Honor held in the negative, which, we think, was error. The rule, as stated in Hadley v. Baxendale, 9 Exch. Rep., on page 353, is as follows:
“Where two parties have made a contract which one of them has broken, the damages which the other party ought to…
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