Freeman v. Skinner
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Bertie County, at the Fall Term, 1S4 8, his Honor Judge Baixey presiding-. The plaintiff agreed to make for the defendant one hundred fish stands, and to deliver them at Colerain, a fishery on the Chowan, between the first and twentieth of March, 1848, at the price of one dollar ana fifty cents a piece.
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Appeal from the Superior Court of Law of Bertie County, at the Fall Term, 1S4 8, his Honor Judge Baixey presiding-. The plaintiff agreed to make for the defendant one hundred fish stands, and to deliver them at Colerain, a fishery on the Chowan, between the first and twentieth of March, 1848, at the price of one dollar ana fifty cents a piece. The stands were made and delivered within the time specified, and the defendant received fifty of them, not in person, but by an agent. The case states that the stands were not made agreeably to contract, and the defendant refused to receive the…
1Opinion of the CourtNash, J.
There is much want of precision and clearness in the statement of the alternative portion of the charge. By the rules of grammar, the last relative pro* noun they ought to refer to the next antecedent, with which it is connected, that is, fifty stands. But such was not the understanding of the jury. If it had been, they could not have given the plaintiff damages for a sum exceeding seventy-five dollars, for that would have been the price of fifty stands, if made agreeably to contract; on the contrary, they have given him one hundred and twenty-five dollars as the value of the casks received…
2Cited by2 opinions
- Teeter v. Cole Manufacturing Co.Supreme Court of North Carolina · 1909
- Valley Refining Co. v. Rock Island Refining Co.Supreme Court of Oklahoma · 1934