Hosiery Co. v. Cotton Mills.
Supreme Court of North Carolina
ActioN by Orescent Hosiery Co. against Mobile Cotton Mills, heard by Judge B. B. Peebles and a jury, at the August Term, 1905, of the Superior Oourt of Halifax. There was evidence tending to show that on or about August 1, 1902, defendants contracted to sell and deliver to plaintiff 75,000 pounds of cotton yarns, 25,000 at 14% cents per pound, and 50,000 at 14% cents per pound.
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ActioN by Orescent Hosiery Co. against Mobile Cotton Mills, heard by Judge B. B. Peebles and a jury, at the August Term, 1905, of the Superior Oourt of Halifax. There was evidence tending to show that on or about August 1, 1902, defendants contracted to sell and deliver to plaintiff 75,000 pounds of cotton yarns, 25,000 at 14% cents per pound, and 50,000 at 14% cents per pound. That defendant, from time to time thereafter, delivered under the contract 39,992 pounds, leaving a balance undelivered of 35,087 pounds, for non-delivery of which the present action was instituted. That the contract…
1Opinion of the Court
Hoke, J.,
after stating the case: The exceptions in this appeal which require consideration are addressed to the charge of the court on the issue as to damages.
The defendant contends that this is a contract for delivery of goods in instalments, and that the court below committed an error in fixing April 16, 1904, when the breach of contract was recognized as entire, as the time when the amount of damage should be estimated; whereas he should have fixed upon the successive periods when there was a failure to deliver the weekly instalments as a correct rule, and that on a market which was…
2Cases cited6 opinions
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Courser v. PowersSupreme Court of Vermont · 1861
- Clements v. StateSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Rose v. Vulcan Materials CompanySupreme Court of North Carolina · 1973
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Brevard Tannin Co. v. J. F. Mosser Co.Court of Appeals for the Fourth Circuit · 1923
- Clements v. CookWashington Supreme Court · 1920
- Statesville Flour Mills Co. v. Wayne Distributing Co.Supreme Court of North Carolina · 1916
15 more not listed; retrieve them via the Exa API.