Owens v. Wright
Supreme Court of North Carolina
Appeal by plaintiffs from Whedbee, J., at July Special Term, 1912, of Durham. Civil action. The complaint sets out two causes of action: (1) To recover damages for breach of contract in regard to the sale of a stock of goods; (2) to restrain the sale of plaintiffs’ real estate under the power of sale, contained in a deed in trust from plaintiffs to H. A. Eoushee, trastee, securing a note for $4,000, bearing interest from maturity, due twelve months after date, dated 31…
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Appeal by plaintiffs from Whedbee, J., at July Special Term, 1912, of Durham. Civil action. The complaint sets out two causes of action: (1) To recover damages for breach of contract in regard to the sale of a stock of goods; (2) to restrain the sale of plaintiffs’ real estate under the power of sale, contained in a deed in trust from plaintiffs to H. A. Eoushee, trastee, securing a note for $4,000, bearing interest from maturity, due twelve months after date, dated 31 August, 1909, payable by J. Henry Smith Com-¡Dany, a corporation, and J. E. and Emma D. Owens to J. Henry Smith and indorsed…
1Opinion of the Court
.BeowN, J.
1. In respect to the breach of contract in the sale of the goods, the facts are that the Smith Company’s goods were being sold at auction by the receivers; there were other bidders at the sale; all had dropped out except plaintiff and defendant. Plaintiff Owens bid $1,465: Defendant bid $5 more. While this bid was being cried, defendant proposed to plaintiff that, if plaintiff would stop bidding and let defendant have the goods, defendant would sell them to plaintiff at the amount of defendant’s bid, viz., $1,470, on condition that, in addition to said sum, plaintiff should pay…
2Cases cited11 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Simonton v. . LanierSupreme Court of North Carolina · 1874
- Burwell v. . BurgwynSupreme Court of North Carolina · 1888
- Blythe v. . LovinggoodSupreme Court of North Carolina · 1841
- Churchill v. . TurnageSupreme Court of North Carolina · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bayha v. Public Utility District No. 1Washington Supreme Court · 1939
- Waters v. GarrisSupreme Court of North Carolina · 1924
- McAden v. CraigSupreme Court of North Carolina · 1943
- Miller v. . DunnSupreme Court of North Carolina · 1924
- Martin v. UnderhillSupreme Court of North Carolina · 1965
21 more not listed; retrieve them via the Exa API.