Machine Co. v. . Chalkley
Supreme Court of North Carolina
ActioN by Charles Holmes Machine Company against D. B. and M. H. Ohalkley, trading as Stanton Tanning Company, beard by Judge W. B. Gouncill and a jury, at tbe June Special Term, 1906, of tbe Superior Court of Wilkes.
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ActioN by Charles Holmes Machine Company against D. B. and M. H. Ohalkley, trading as Stanton Tanning Company, beard by Judge W. B. Gouncill and a jury, at tbe June Special Term, 1906, of tbe Superior Court of Wilkes. Tbe plaintiff brought this action to recover tbe sum of two hundred and twenty-five dollars, it being tbe balance due on tbe purchase-price of a remodeled scouring and setting machine, and tbe possession of a Sawyer measuring machine, or if tbe same cannot be bad, then for two hundred and fifty dollars, tbe value thereof, and one hundred dollars for its detention and…
1Opinion of the Court
WaleeR, J.,
after stating the case: The first and most essential element of an agreement is the consent of the parties, an aggregatio mentium, or meeting of two minds in one and the same intention, and until the moment arrives when the minds of the parties are thus drawn together, the contract is not complete, so as to be legally enforcible. Wald’s Pollock on Contract (3 Ed.), p. 3. It is necessary that the parties should be assured by mutual communication or negotiation that a common intention exists and that they mean the same thing in the same sense. Ibid. (1 Ed., 1881), p. 5. It must be…
2Cases cited8 opinions
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