Jeanette Bros. v. Hovey & Co.
Supreme Court of North Carolina
Appeal by defendant'from Ferguson, J., at February Term, 1922, of Pasquotank. Civil action for breach of contract of sale for seed potatoes.
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Appeal by defendant'from Ferguson, J., at February Term, 1922, of Pasquotank. Civil action for breach of contract of sale for seed potatoes. There was evidence tending to show that in November, 1919, W. H. Jeanette, a member of plaintiff firm of Elizabeth City, N. C., was at Resque Isle, Maine, and made a tentative agreement with defendants, resident and doing business at Mars Hill, Maine, for the purchase of 1,100 sacks of seed potatoes at $5.60 per sack, and tbat tbe contract of sale was to be in writing, and $1 per sack paid tbereon at time same was completed. Tbe potatoes sold for…
1Opinion of the CourtHoee, J.
According to the evidence and contentions of both of the parties, the plaintiff had a reasonable time in which to accept defendant’s offer, and it is held in this jurisdiction that when men of fair minds can come to differing conclusions upon it, the question of reasonable time is for the jury. Holden v. Royall, 169 N. C., 676-678; Clause v. Lee, 140 N. C., 552; Blalock v. Clark, 137 N. C., 140. In application of the principle, and under a proper charge, the jury have necessarily determined that defendant’s offer continued to be an open one, and this being true, the further instruction of his…
2Cases cited12 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Patrick v. BowmanSupreme Court of the United States · 1893
- Claus v. Lee.Supreme Court of North Carolina · 1906
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
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- Richardson v. . WoodruffSupreme Court of North Carolina · 1919