Silverthorn v. . Fowle
Supreme Court of North Carolina
AotxoN of AssuMPsrr, tried before his Honor, Judge Manlt, at the /Spring Term, 1857, of Hyde Superior Court. The plaintiff declared on a special contract made with the defendant, that the latter was to “ take a raft of timber at $7,50 per thousand, which was to be prepared by the plaintiff in Grennanton Bay, and thence towed by the defendant’s steamer to the town of "W ashington, and that it was to he Tea-dywhm corn was done” The contract was made in the month of March.
Read the full summary
AotxoN of AssuMPsrr, tried before his Honor, Judge Manlt, at the /Spring Term, 1857, of Hyde Superior Court. The plaintiff declared on a special contract made with the defendant, that the latter was to “ take a raft of timber at $7,50 per thousand, which was to be prepared by the plaintiff in Grennanton Bay, and thence towed by the defendant’s steamer to the town of "W ashington, and that it was to he Tea-dywhm corn was done” The contract was made in the month of March. It was proved that, in June, that is, before the cultivation of the then growing crop was finished, the plaintiff called for…
1Opinion of the CourtNash, C. J.
It is certainly true, that the construction of a contract, whether verbal or written, is a matter of law, to be decided by the Court. Where, however, technical, or unusual words, are used, and their meaning is to be gathered from experts, or persons acquainted with the particular art to which these words refer, or from authoritive definitions, as there may be conflicting evidence, it may present a question for the jury. 2 Parsons on Contracts, 5. But where a contract presents such a case as may require the aid of a jury, the duty of the jury is to ascertain the meaning of the terms used, but…
2Cited by4 opinions
- Davis v. Dennis Lilly Co.Supreme Court of North Carolina · 1991
- King v. HansonNorth Dakota Supreme Court · 1904
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
- Davis v. Dennis Lilly Co.Supreme Court of North Carolina · 1991