Universal Oil & Fertilizer Co. v. Burney
Supreme Court of North Carolina
Civil actioN, tried before Bond, J., and a jury, at April Term, 1917, of New HaNovee. The action was chiefly to recover damages for an alleged breach of contract on the part of defendant in'the sale and delivery of a certain amount of cotton seed, plaintiff’s evidence tending to show that in February, 1912, plaintiff bought and defendant sold and agreed to deliver at the boat at "White Oak Landing 8,000 to 10,000 bushels of cotton seed for purposes of manufacturing and…
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Civil actioN, tried before Bond, J., and a jury, at April Term, 1917, of New HaNovee. The action was chiefly to recover damages for an alleged breach of contract on the part of defendant in'the sale and delivery of a certain amount of cotton seed, plaintiff’s evidence tending to show that in February, 1912, plaintiff bought and defendant sold and agreed to deliver at the boat at "White Oak Landing 8,000 to 10,000 bushels of cotton seed for purposes of manufacturing and resale, at the contract price of 24 cents per bushel, or $16 per ton; that after delivering about 2,300 bushels, defendant,…
1Opinion of the CourtHoke, J.
The jury have accepted plaintiff’s version, that there was a breach of contract on the part of defendant, assessing plaintiff’s damages at $393.32, and on careful consideration of the record we find no error that would justify us in disturbing the results of the trial.
It was objected for defendant that the witness, Worth, examined for plaintiff in reference to a letter purporting to have been written by defendant, Burney, was allowed to testify to the handwriting of defendant, having never seen him write, but having received letters from him in the course of business. It is well recognized…
2Cases cited12 opinions
- Chateaugay Ore & Iron Co. v. BlakeSupreme Court of the United States · 1892
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Nicholson v. Eureka Lumber Co.Supreme Court of North Carolina · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Pemberton v. City of GreensboroSupreme Court of North Carolina · 1935
- In Re Will of BartlettSupreme Court of North Carolina · 1952
- Pennington v. StyronSupreme Court of North Carolina · 1967
8 more not listed; retrieve them via the Exa API.