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

DecidedSeptember 18, 1929

StatusPublished

This text of 149 S.E. 922 (Hassell v. American Peanut Corp.) 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

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

Pincite

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.

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Bluebook (online)

149 S.E. 922, 197 N.C. 444, 1929 N.C. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hassell-v-american-peanut-corp-nc-1929.