James T. White & Co. v. McMillan
Supreme Court of North Carolina
ActioN, tried at October Term, 1893, of Rouksox Superior Court, before Connor, J. The suit was to recover thirty-two dollars, and the plaintiffs appealed from a judgment rendered by a Justice of the Peace. The plaintiffs declared upon the following contract for the sale of a physiological manikin: “AYhito’s Physiological Manikin or Dissecting Cadaver, cabinet edition, $35. Obstetrical supplement, $10 extra.
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ActioN, tried at October Term, 1893, of Rouksox Superior Court, before Connor, J. The suit was to recover thirty-two dollars, and the plaintiffs appealed from a judgment rendered by a Justice of the Peace. The plaintiffs declared upon the following contract for the sale of a physiological manikin: “AYhito’s Physiological Manikin or Dissecting Cadaver, cabinet edition, $35. Obstetrical supplement, $10 extra. “Place and date: Lumberton, N. G., May 17, 1890. “James T. AYhite & Co., Publishers, New York. “Ship about November 1, 1890. “GENTLEMEN: — Ploaso deliver, according to shipping directions…
1Opinion of the Court
Bükwell, J.:
The first and second sections of the plaintiffs’ complaint are as follows:
“ 1. That on or about the 17th of May, 1890, the defendant executed and delivered to plaintiffs a written contract or order (which is set out in the statement of the ease and made part of this allegation).
“ 2. That by said contract or order the defendant requested plaintiffs to deliver for him, freight prepaid, at the Southern Express office in Lumberton, N. 0., one of White’s Physiological Manikins,, medical edition, in consideration of which the defendant promised to pay the plaintiffs the sum of $32 upon…
2Cases cited2 opinions
- Cumming v. . BarberSupreme Court of North Carolina · 1888
- Simpson, Bass & Co. v. PegramSupreme Court of North Carolina · 1893
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