Legal Opinion

Eure v. Sabiston

Court of Appeals for the Fourth Circuit

Decided April 12, 1912No. 1,066Published

Tn Error to the Circuit Court of the United States for the Eastern District of North’ Carolina, at New Bern. Action at law by M. E. Eure and S. W. Harris, trading as Eure, 1 Larris & Co., against E. W. Sabiston. Judgment for defendant, and plaintiffs bring error.

1Opinion of the Court

PRITCHARD, Circuit Judge.

This is an action at law instituted for breach of contract in the Circuit Court of the United States for the Eastern District of North Carolina in which the plaintiff below seeks to recover damages from the defendant below for failure to deliver 275 bales of cotton, of the average weight of 500 pounds, as *722set out in the 5 contracts sued upon. Among other things, these contracts contain the following language:-

“* * * That he will deliver to party of the second part seventy-five bales of cotton at Jacksonville depot, which .said party is growing in Onslow •county and…

2Cases cited4 opinions

  1. State v. McGinnis.Supreme Court of North Carolina · 1905
  2. Rodgers, McCabe & Co. v. BellSupreme Court of North Carolina · 1911
  3. Alex. Sprunt & Sons v. MaySupreme Court of North Carolina · 1911
  4. Sprunt v. . MaySupreme Court of North Carolina · 1911

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