Glasscock v. . Hazell
Supreme Court of North Carolina
This ACTION, an appeal from a Justice’s Court, was tried at the December Term, 1889, of the Superior Court of Guil-ford County, Graves, J., presiding. The plaintiff testified in his own behalf: “ I shipped to Holden & Hill, in Orange County, a twenty-five inch turbine water-wheel on trial. They said they did not have an opportunity to test it, and did not buy it.
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This ACTION, an appeal from a Justice’s Court, was tried at the December Term, 1889, of the Superior Court of Guil-ford County, Graves, J., presiding. The plaintiff testified in his own behalf: “ I shipped to Holden & Hill, in Orange County, a twenty-five inch turbine water-wheel on trial. They said they did not have an opportunity to test it, and did not buy it. The agreement was, if they desired to purchase the wheel after testing it, they were to pay fifty dollars cash and secure the balance. The price of the wheel was two hundred dollars, and it was worth'two hundred dollars. Mr. Hazel],…
1Opinion of the Court
Shephekd, J.:
As the plaintiff does not sue for the specific property; and as the amount claimed by him is over fifty dollars, he can only recover before a Justice of the Peace upon a contract either express or implied.
We concur with his Honor that the plaintiff could not recover upon the implied contract — that is, for money had and received — as there was no testimony to show the amount obtained for the wheel by the defendant. Rand v. Nesmith, 61 Mo., 111; Pearsall v. Chafin, 44 Pa. St. Rep., 9.
We think, however, that there was some testimony of an express agreement to pay for the wheel if…
2Cases cited1 opinion
- McDowell v. LockhartSupreme Court of North Carolina · 1885
3Cited by6 opinions
- Blalock v. . StrainSupreme Court of North Carolina · 1898
- French v. RobbinsCalifornia Supreme Court · 1916
- Houts v. DunhamMissouri Court of Appeals · 1912
- United States v. One 1955 Model Ford 2 Door Victoria AutomobileDistrict Court, E.D. North Carolina · 1957
- United States v. One 1956 Model Ford 2-Door Customline AutomobileDistrict Court, E.D. North Carolina · 1957
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