Penn-Allen Cement Co. v. Phillips
Supreme Court of North Carolina
Appeal by defendants from Bay, J., at June Term, 1921, of Scotland. This is an action to recover the price of four carloads of cement. There are three causes of action stated in the complaint. On 17 September, 1920, the plaintiff shipped the defendants one carload, 231 barrels of cement, at $6.09 per barrel, less freight and war tax, making $1,039.03, which amount was paid to the plaintiff by the defendant.
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Appeal by defendants from Bay, J., at June Term, 1921, of Scotland. This is an action to recover the price of four carloads of cement. There are three causes of action stated in the complaint. On 17 September, 1920, the plaintiff shipped the defendants one carload, 231 barrels of cement, at $6.09 per barrel, less freight and war tax, making $1,039.03, which amount was paid to the plaintiff by the defendant. On 18 September, 1920, the defendants sent the plaintiff a telegram to ship them two more carloads of 231 barrels each, which were received by the defendants for which the plaintiff now…
1Opinion of the Court
Clare:, O. J.
The court entered judgment upon the pleadings in favor of the plaintiff upon the first and second causes of action, and “retained the cause for trial as to the third causé of action stated in the complaint,” and took no action as to the counterclaims pleaded by the defendants.
This Court has uniformly held that it will not entertain fragmentary appeals. “The Court will not entertain appeals brought up in a fragmentary manner. The whole case must come up on appeal.” Hines v. Hines, 84 N. C., 122; Comrs. v. Satchwell, 88 N. C., 1; White v. Utley, 94 N. C., 511; McGehee v. Tucker,…
2Cases cited22 opinions
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- Hines v. . HinesSupreme Court of North Carolina · 1881
- Arrington v. . ArringtonSupreme Court of North Carolina · 1884
- Critcher v. . BallardSupreme Court of North Carolina · 1920
- Hinton v. Life InsuranceSupreme Court of North Carolina · 1895
17 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Hoots v. PryorCourt of Appeals of North Carolina · 1992
- State Ex Rel. Corporation Commission v. Cannon Manufacturing Co.Supreme Court of North Carolina · 1923
20 more not listed; retrieve them via the Exa API.