Hendricks v. Mocksville Furniture Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at Spring Term, 1911, of Davie. This action is to recover tbe purchase price of certain lumber, which the plaintiffs, M. J. Hendricks and wife, Emma G. Hendricks, alleged they sold to the defendant. On 23 December, 1905., the plaintiffs and defendant entered into the following contract : North CAROLINA — Davie County.
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Appeal from Lyon, J., at Spring Term, 1911, of Davie. This action is to recover tbe purchase price of certain lumber, which the plaintiffs, M. J. Hendricks and wife, Emma G. Hendricks, alleged they sold to the defendant. On 23 December, 1905., the plaintiffs and defendant entered into the following contract : North CAROLINA — Davie County. This contract, made and entered into this day by and between M. J. Hendricks of Davie County, N. C., The Mocksville Furniture Company, witnesseth: That the said M. J. Hendricks has bargained, sold to the said Mocksville Furniture Company, its successors,…
1Opinion of the Court
AlleN, J".,
after stating tlie case: Tbe determination of the controversy between the plaintiffs and the defendant depends upon the interpretation of their contract. If it is executory, and under its provisions the title to the timber was not in the defendant, there could be no liability, because it is admitted that the timber had not been stacked six months, and there was no delivery at Mocksville — material stipulations, which the plaintiffs agreed to perform.
This is upon the familiar principle that one who seeks to recover upon a contract with interdependent conditions must show performance…
2Cases cited4 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Hornthal v. . HowcottSupreme Court of North Carolina · 1911
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Lawing v. . RintlesSupreme Court of North Carolina · 1887
3Cited by11 opinions
- Stewart v. Henningsen Produce Co.Supreme Court of Kansas · 1913
- Gilbert v. Waccamaw Shingle Co.Supreme Court of North Carolina · 1914
- Highsmith v. . PageSupreme Court of North Carolina · 1912
- Midgett v. . MeekinsSupreme Court of North Carolina · 1912
- Gulf Refining Co. v. Charlotte Construction Co.Supreme Court of North Carolina · 1911
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