Johnston v. . McRary
Supreme Court of North Carolina
ActioN of Assmipsrr, tried before Bailey, J., at the last Spring Term of Davie Superior Court. The plaintiff agreed, on 26th of May, 1855, to purchase the defendant’s cotton crop, to be delivered to him at Iloltsburg ; it was to be paid for, on delivery, by note, with certain names to it as sureties, to run for twenty days. This much of the contract was reduced to writing on a leaf of the defendant’s memorandum book.
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ActioN of Assmipsrr, tried before Bailey, J., at the last Spring Term of Davie Superior Court. The plaintiff agreed, on 26th of May, 1855, to purchase the defendant’s cotton crop, to be delivered to him at Iloltsburg ; it was to be paid for, on delivery, by note, with certain names to it as sureties, to run for twenty days. This much of the contract was reduced to writing on a leaf of the defendant’s memorandum book. On the 5th day of June, following, the plaintiff sought the defendant at Lexington, his residence, and and at Iloltsburg, with a note, executed according to the terms agreed on,…
1Opinion of the CourtBattle, J.
The terms of the written contract, by which the plaintiff agreed to purchase the defendant’s crop of cotton, certainly gave to each party the right to have it performed in a reasonable time. The place of performance was fixed upon in the written terms, but the precise clay was not therein specified, and yet, as the parties lived in different counties, and had to do concurrent acts, it was necessary that some day should be agreed on for that purpose. This must, of necessity, be clone by parol, or w© must hold that either had the power to nullify the contract, by refusing to fix upon the day by…
2Cited by4 opinions
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