Legal Opinion

Martin v. . McDonald

Supreme Court of North Carolina

Decided February 17, 1915PublishedCited by 2 opinions

Appeal by defendant from Carter, J., at November Term, 1914, of Pasquotank. Civil action. There was a verdict and judgment for the defendant. The plaintiff appealed.

1Opinion of the CourtBrowN, J.

This action is brought to recover for a breach of contract in the sale and purchase of ten shares of stock of the American National Bank of Asheville. The contract is evidenced by two telegrams, as follows :

Elizabeth City, N. C., April 26, 1912.

C. C. McDonald,

Raleigh, N. C.

Will you give sixty for Asheville stock % (Signed) Kramer.

The defendant replied:

EL G. Kramer, Raleigh, N. C., April 26, 1912.

Hlizabeth City, N. C.

Yes; will give you sixty. (Signed) 0. C. McDonald.

• The plaintiff on the same day assigned the stock and sent it with two drafts to the defendant at Raleigh. The defendant refused…

2Cases cited6 opinions

  1. McClure v. . Central Trust Co.New York Court of Appeals · 1900
  2. Allen v. PegramSupreme Court of Iowa · 1864
  3. Hodges v. . Wilkinson.Supreme Court of North Carolina · 1892
  4. People's Bank v. KurtzSupreme Court of Pennsylvania · 1882
  5. Sparks v. . MessickSupreme Court of North Carolina · 1871

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

3Cited by2 opinions

  1. Seymour v. WS BOYD SALES COMPANYSupreme Court of North Carolina · 1962
  2. HENRY VANN COMPANY, INC. v. BarefootSupreme Court of North Carolina · 1958

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