Hassell v. American Peanut Corp.

Supreme Court of North Carolina

Hassell v. American Peanut Corp.

149 S.E. 922, 197 N.C. 444, 1929 N.C. LEXIS 263

Supreme Court of North Carolina·Decided September 18, 1929·Published

Opinion

*445 Per Curiam.

Without detailing the evidence, or the long correspondence had between the parties, we are of opinion that a contract of sale for the three carloads of peanuts, as alleged by the defendant in its counterclaim, rather than one of agency, has been established and that the defendant is entitled to have the jury assess its damages for the breach of said contract. The court’s refusal so to instruct the jury was error.

New trial.

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*445 Per Curiam.

Without detailing the evidence, or the long correspondence had between the parties, we are of opinion that a contract of sale for the three carloads of peanuts, as alleged by the defendant in its counterclaim, rather than one of agency, has been established and that the defendant is entitled to have the jury assess its damages for the breach of said contract. The court’s refusal so to instruct the jury was error.

New trial.

Hassell v. American Peanut Corp., 149 S.E. 922, 197 N.C. 444, 1929 N.C. LEXIS 263 (N.C. 1929).

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149 S.E. 922 (Hassell v. American Peanut Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.