Woodridge v. . Brown
Supreme Court of North Carolina
ActioN tried before Moore, J., and a jury, May Term, 1908, of OabaRiius. This action was originally brought-against R. A. Brown. After the. pleadings were filed, defendant died leaving a last will and testament, and the present defendants, his executors-, were made parties.
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ActioN tried before Moore, J., and a jury, May Term, 1908, of OabaRiius. This action was originally brought-against R. A. Brown. After the. pleadings were filed, defendant died leaving a last will and testament, and the present defendants, his executors-, were made parties. Plaintiff alleged that, between the 1st day of August and the 9th day of October, 1906, he sold and delivered to defendant’s testator fourteen car loads of coal at a stipulated price, which defendant’s testator promised to pay; that said coal was received and used by defendant’s testator. A statement showing amount, date…
1Opinion of the Court
CoNNOR, J.,
after stating the ease: Plaintiff insists tliat the assignment of error, in respect to the charge, is too indefinite, coming within the definition of a “broad side exception” -which the Court has uniformly held insufficient. In view of the fact that his Honor instructed the jury to find for the plaintiff upon the whole evidence, we think the exception well taken as to form.
It seems that, upon cross-examination of plaintiff’s representative who took the order for the coal, defendants were permitted to show that defendants’ testator'told him that he was buying the coal to burn brick,…
2Cases cited9 opinions
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Love v. . MillerSupreme Court of North Carolina · 1889
- Reiger v. Worth.Supreme Court of North Carolina · 1902
- Allen v. Tompkins.Supreme Court of North Carolina · 1904
- Critcher v. Porter Company.Supreme Court of North Carolina · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- J. I. Case Threshing MacHine Co. v. McClamrockSupreme Court of North Carolina · 1910
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Seymour v. WS BOYD SALES COMPANYSupreme Court of North Carolina · 1962