M. Feigel & Brother, Inc. v. Carolina Wood Products Co.

143 S.E. 186, 195 N.C. 659

• Court: Supreme Court of North Carolina
• Decided: May 23, 1928
• Status: Published

Opinion

Stacy, C. J.

It was earnestly insisted on the argument that no contract had been shown, as the defendant’s order was not to be binding until approved by the plaintiff in New Tork, and no such approval appears from the evidence.

Conceding without deciding that- the evidence is sufficient to establish a binding contract between the parties, as alleged by the plaintiff, still the judgment of nonsuit would seem to be correct unless the shipping instructions of the defendant were so unreasonable as to amount to a breach of the contract, which we cannot hold. They were within the letter of the agreement, and it is the simple law of contract that “as a man consents to bind himself, so shall he be bound.” Elliott on Contracts (Vol. 3), sec. 1891; Nash v. Royster, 189 N. C., 408, 127 S. E., 356; Clancy v. Overman, 18 N. C., 402.

Affirmed.