American Fertilizing Co. v. Thomas
Supreme Court of North Carolina
Appeal by defendant from Bay, J., at the February Term, 1921, of Mooee. This action was brought by the plaintiff to recover the price of fertilizer goods sold and delivered by the plaintiff to the defendant in March, 1919, under a contract previously made. The defendant admitted in his answer that he made the contract, and that “Exhibit A” attached to the complaint is a true copy thereof.
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Appeal by defendant from Bay, J., at the February Term, 1921, of Mooee. This action was brought by the plaintiff to recover the price of fertilizer goods sold and delivered by the plaintiff to the defendant in March, 1919, under a contract previously made. The defendant admitted in his answer that he made the contract, and that “Exhibit A” attached to the complaint is a true copy thereof. The plaintiff alleged that it delivered to defendant, under the terms of said contract, fertilizer to the value of $2,547.46, nearly all of the fertilizers being bone and Peruvian 0. S. M. (cottonseed meal),…
1Opinion of the Court
"Walker, J.,
after stating the material facts: It will be observed that the contract provides that “The certificate of analysis by the State Chemist, or his oral evidence, shall be the best and only competent evidence of the contents of the goods, and shall be conclusive.” The certificate shows affirmatively that the contents of the goods are phosphoric acid 8.80, nitrogen 1.65, and potash 1.96, and that they do not contain borax. The parties have agreed that the analysis by the State Chemist should be the best and only competent evidence of the contents of the goods, and conclusive; and it…
2Cases cited8 opinions
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Tomlinson & Co. v. MorganSupreme Court of North Carolina · 1914
- Carter v. . McGillSupreme Court of North Carolina · 1915
- Allen v. YoungSupreme Court of Georgia · 1879
- Armour Fertilizer Works v. McLawhornSupreme Court of North Carolina · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fertilizer Works v. . AikenSupreme Court of North Carolina · 1918