Doubleday v. Asheville Ice & Coal Co.
Supreme Court of North Carolina
Civil action tried before Norwood, J., and a jury at August Term, 1897 of Buncombe Superior Court. The plaintiffs, claimed to have been endamaged to the extent of $658 by the negligence of the defendant in not keeping in proper condition a cold-storage room in which plaintiffs stored grapes for hire.
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Civil action tried before Norwood, J., and a jury at August Term, 1897 of Buncombe Superior Court. The plaintiffs, claimed to have been endamaged to the extent of $658 by the negligence of the defendant in not keeping in proper condition a cold-storage room in which plaintiffs stored grapes for hire. There was a verdict for the plaintiffs for $225.00 and from the judgment thereon the defendant appealed, assigning as error the admission of parol testimony to explain a contract entered into by letter correspondence.
1Opinion of the Court
Faircloth, C. J.:
The plaintiffs contracted to store grapes with the defendant company and it contracted to furnish them with cold storage room for the grapes at an agreed price. They also agreed on the temperature of the room. The grapes were stored and were damaged by leakage from above where the refrigerator and ice were kept, or by condensation produced by the admission of warm air through the door. It seems to be agreed, or at least fully shown, that the room was in good and proper condition when the grapes were deposited. The parties, however, warmly contest the question, Whose duty was…
2Cases cited2 opinions
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Islay v. StewartSupreme Court of North Carolina · 1838
3Cited by3 opinions
- Garland v. . Improvement Co.Supreme Court of North Carolina · 1922
- Garland v. Linville Improvement Co.Supreme Court of North Carolina · 1922
- Islay v. . StewartSupreme Court of North Carolina · 1838