Waddell v. . Reddick
Supreme Court of North Carolina
Appeal from the Superior Court of. Hertford county, at Spring Term, 1842, his Honor Judge Manly presiding. This was an action of assumpsit. The plaintiff declared upon the following agreement: “ October 9th, 1839. I have bought of John Waddell, one hundred bales of cotton of the present crop (1839) on his plantation in West Florida, to be delivered to Charles and George Reed in Norfolk. The said Waddell is to pay the freight.
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Appeal from the Superior Court of. Hertford county, at Spring Term, 1842, his Honor Judge Manly presiding. This was an action of assumpsit. The plaintiff declared upon the following agreement: “ October 9th, 1839. I have bought of John Waddell, one hundred bales of cotton of the present crop (1839) on his plantation in West Florida, to be delivered to Charles and George Reed in Norfolk. The said Waddell is to pay the freight. The cotton to be delivered as soon as it can be picked out and ’shipped. For which I am to pay twelve and an half cents per pound, at one, two and three months from the…
1Opinion of the CourtRuffin, C. J.
We have but little doubt, that, in putting a construction op this contract, his Honor received it in the same sense, in which the parties themselves understood each other, when they bargained. And that we conceive to be the true principle of interpretation for mercantile, and, indeed, all other agreements.
Rut it is said, first, for the defendant,, that the cotton delivered was not that contracted for., as it.did not grow on a plantation owned by the plaintiff, but grew .on one owned by him and others. We admit .the.defendant was not bound to accept 100 bales of cotton made any where in…
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