Bodie v. . Horn

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

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.