Rodgers, McCabe & Co. v. Bell
Supreme Court of North Carolina
Appeal from Ward, J., at April Term, 1911, of Edge-combe. Civil action to'recover damages for breach of contract in failing to deliver a certain amount of cotton.
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Appeal from Ward, J., at April Term, 1911, of Edge-combe. Civil action to'recover damages for breach of contract in failing to deliver a certain amount of cotton. The written contract, on its face, provided for the delivery of 50,000 pounds of cotton at the depot or boat landing in Pollocks-ville, N. C., on or before 1 January, 1910, and contained a stipulation that in case the party of the second part failed to deliver said cotton or any part thereof, the damages should be admeasured at' the highest price in the above-mentioned market on any day between 10 September, 1909, and 1 December,…
1Opinion of the Court
BROWN and WALKER, JJ., concurring in result. Civil action to recover damages for breach of contract in failing to deliver a certain amount of cotton. The written contract, on its face, provided for the delivery of 50,000 pounds of cotton at the depot or boat landing in Pollocksville, N.C. on or before 1 January, 1910, and contained a stipulation that in case the party of the second part failed to deliver said cotton or any part thereof, the damages should be admeasured at the highest price in the above-mentioned market on any day between 10 September, 1909, and 1 December, 1909, with…
2Cases cited11 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Rankin v. Mitchem.Supreme Court of North Carolina · 1906
- Hosiery Co. v. Cotton Mills.Supreme Court of North Carolina · 1906
- McGrew v. City Produce ExchangeTennessee Supreme Court · 1887
- Williams v. . CarrSupreme Court of North Carolina · 1879
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