Statesville Flour Mills Co. v. Wayne Distributing Co.
Supreme Court of North Carolina
Civil ACTION tried before Ferguson, J., and a jury, at August Term, 1915, of Ieedeií. Plaintiff sued for tbe recovery of damages for tbe breach of a contract for tbe sale and purchase of 500 barrels of flour.
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Civil ACTION tried before Ferguson, J., and a jury, at August Term, 1915, of Ieedeií. Plaintiff sued for tbe recovery of damages for tbe breach of a contract for tbe sale and purchase of 500 barrels of flour. Tbe defendant contracted with the plaintiff to buy from it 500 barrels of flour to be delivered to defendant free on board tbe cars at Goldsboro, N. C., under tbe milling-in-transit freight rates granted to tbe plaintiff by tbe railroads, tbe flour to be delivered during tbe months of February and, March, 1915, at such times and in such quantities as tbe defendant might specify, for…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant contends that the plaintiff broke the contract by overcharging on one item as indicated in the above statement. It is plain, we think, that if this was a breach at all, it was not such a one as justified the defendant in canceling the contract. It seems to have been the result of a misunderstanding as to the nature of the shipments, and as soon as plaintiff discovered its mistake, in a very small amount, it agreed to rectify it, by giving the defendant credit for the amount, with leave to deduct it from the next invoice. What else could…
2Cases cited3 opinions
- Leonard v. DyerSupreme Court of Connecticut · 1857
- Hosiery Co. v. Cotton Mills.Supreme Court of North Carolina · 1906
- Heiser v. . MearsSupreme Court of North Carolina · 1897
3Cited by8 opinions
- Lamborn & Co. v. Hollingsworth & HatchSupreme Court of North Carolina · 1928
- F. E. Lykes & Co. v. GroveSupreme Court of North Carolina · 1931
- Wade v. . LutterlohSupreme Court of North Carolina · 1928
- Olive v. WilliamsCourt of Appeals of North Carolina · 1979
- Bowen v. . KingSupreme Court of North Carolina · 1907
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