Wilkins v. Vass Cotton Mills
Supreme Court of North Carolina
ActioN tried before Whedbee, J., and a jury, at April Term, 1918, of "WayNE. Judgment of nonsuit upon the evidence, and plaintiff appealed. This action was brought to recover damages for a breach of contract to sell and deliver cotton yarns to the plaintiff. The nature of the case will appear from the testimony of the plaintiff and other brief excerpts from the record. Plaintiff testified: “I live in Goldsboro, N. 0., and have had dealings with the Vass Ootton Mills Company.
Read the full summary
ActioN tried before Whedbee, J., and a jury, at April Term, 1918, of "WayNE. Judgment of nonsuit upon the evidence, and plaintiff appealed. This action was brought to recover damages for a breach of contract to sell and deliver cotton yarns to the plaintiff. The nature of the case will appear from the testimony of the plaintiff and other brief excerpts from the record. Plaintiff testified: “I live in Goldsboro, N. 0., and have had dealings with the Vass Ootton Mills Company. On 16 October, 1916, I received an inquiry from one of my customers, the Drexel Knitting Mills, at Drexel, N. C. I…
1Opinion of the CourtWalkee, J.
There cannot be a contract unless there is agreement of minds, and an offer can become a binding promise and result in a contract only when it has been accepted, according to its terms, and without substantial change, either by word or act, for without such an acceptance there cannot be agreement, which is an essential element and consists in the parties being of the same mind and intention concerning the subject-matter of the contract. 9 Oyc., 244, 254. In this case the evidence, which we must consider as true in dealing with a nonsuit, shows a definite offer to sell cotton yarns,…
2Cases cited6 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Culton v. GilchristSupreme Court of Iowa · 1894
- Gooding v. . MooreSupreme Court of North Carolina · 1909
- Teal v. . TempletonSupreme Court of North Carolina · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chaisson v. SimpsonCourt of Appeals of North Carolina · 2009
- N. Jacobi Hardware Co. v. VietorCourt of Appeals for the Fourth Circuit · 1926
- Billings v. . WilbySupreme Court of North Carolina · 1918
- Dieckhaus v. Bd. of Governors of The Univ. of N.C.Court of Appeals of North Carolina · 2023