Grier v. . Yontz
Supreme Court of North Carolina
AotioN of assumpsit, tried before SauNdees, J., at a Special Term, (June, 1858,) of Mecklenburg Superior Court. The following facts were submitted, in a case agreed, for the judgment of the Court.
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AotioN of assumpsit, tried before SauNdees, J., at a Special Term, (June, 1858,) of Mecklenburg Superior Court. The following facts were submitted, in a case agreed, for the judgment of the Court. The plaintiff, as sheriff of Mecklenburg county, had in his hand several writs of venditioni exponas against William S. Daniel, returnable to the April Term, 1856, of Mecklenburg County Court, by which he was authorised to sell a tract of land levied, upon as the property of Daniel; that as sheriff, lie advertised the land and sold the same to E. G. Tontz, the defendant, who became the last and…
1Opinion of the CourtBattle, J.
The question presented in this case, is one of much practical importance, and we regret that the counsel were unable to refer us, on the argument, to gny adjudicated cases settling the principle upon which it ought to be decided. In the sale of chattels, it appears to be settled, at least in New Tork, that if the vendee refuse to receive and pay for the article, the vendor may, upon notice, re-sell it, and charge the vendee with the difference in the price, if it sell for less than it did on the first sale. It seems, that after a refusal to receive the article by the vendee, the vendor may,…
2Cases cited1 opinion
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
3Cited by2 opinions
- Woodruff v. Piedmont Trust Co.Supreme Court of North Carolina · 1917
- Clark v. . McMillanSupreme Court of North Carolina · 1815