American Lumber Co. v. Quiett Manufacturing Co.
Supreme Court of North Carolina
.'Appeal by plaintiff from Foushee/ J., at January Term, 1913, of I-Liywood. Civil action to recover damages for the breach of a contract to sell and deliver lumber.
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.'Appeal by plaintiff from Foushee/ J., at January Term, 1913, of I-Liywood. Civil action to recover damages for the breach of a contract to sell and deliver lumber. Defendant “bargained” with plaintiff to “sell, convey, and deliver to it at Eli ail'd Epps Springs, by the Appalachian Railroad, 500,000 feet of poplar, oak, and basswood lumber” of certain grades stated in the contract, for $2,000 in cash and the advancement of $10 per thousand feet on or before the 15th day of each month for all lumber sawed and put on the sticks the preceding calendar month, the $2,000 to be deducted from the…
1Opinion of the Court
Walker, J.,
after stating the case: Plaintiffs tendered numerous issues, but as the one submitted by the court embraced every issuable fact in the case, and enabled the plaintiff to present fully its side of the case to the jury, it was proper to reject plaintiff’s tender and refuse to" multiply the issues, which course, if it had been adopted, would have tended to great prolixity, and this should always be avoided. Black v. Black, 110 N. C., 398; Hatcher v. Dabbs, 133 N. C., 239; Tuttle v. Tuttle, 146 N. C., 484.
We were told on the argument that the judge construed the contract to mean that…
2Cases cited6 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Tuttle v. TuttleSupreme Court of North Carolina · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- American Lumber Co. v. Drexel Furniture Co.Supreme Court of North Carolina · 1914
- N. Jacobi Hardware Co. v. VietorCourt of Appeals for the Fourth Circuit · 1926
- Gaston Farmers Warehouse Co. v. American Agricultural Chemical Co.Supreme Court of North Carolina · 1918
- McCall v. Gloucester Lumber Co.Supreme Court of North Carolina · 1929
7 more not listed; retrieve them via the Exa API.