Bodie v. . Horn

Supreme Court of North Carolina

Bodie v. . Horn

190 S.E. 236, 211 N.C. 397, 1937 N.C. LEXIS 105

DecidedMarch 17, 1937

StatusPublished

This text of 190 S.E. 236 (Bodie v. . Horn) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bodie v. . Horn, 190 S.E. 236, 211 N.C. 397, 1937 N.C. LEXIS 105 (N.C. 1937).

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Opinion

Pee Oubiam.

The basis of the judgment is that the transactions alleged in the complaint are denominated “futures,” no actual delivery of the articles sold being intended or contemplated, and therefore declared illegal by C. S., 2144. Orvis Bros. & Co. v. Holt-Morgan Mills, 173 N. C., 231, 91 S. E., 948. It is also observed that the complaint contains no allegation of a promise to pay on the part of the defendant, which, perhaps, the plaintiff assumed the law would imply. However, in all events, the judgment sustaining the demurrer would seem to be correct.

Affirmed.

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Pee Oubiam.

The basis of the judgment is that the transactions alleged in the complaint are denominated “futures,” no actual delivery of the articles sold being intended or contemplated, and therefore declared illegal by C. S., 2144. Orvis Bros. & Co. v. Holt-Morgan Mills, 173 N. C., 231, 91 S. E., 948. It is also observed that the complaint contains no allegation of a promise to pay on the part of the defendant, which, perhaps, the plaintiff assumed the law would imply. However, in all events, the judgment sustaining the demurrer would seem to be correct.

Affirmed.

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Bluebook (online)

190 S.E. 236, 211 N.C. 397, 1937 N.C. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bodie-v-horn-nc-1937.

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