135 S.E. 343 (N.C. 1926), Raleigh Iron Works Co. v. Lee County Cotton Oil Co.

Citation:135 S.E. 343, 192 N.C. 442
Opinion Judge:BROGDEN, J.
Party Name:RALEIGH IRON WORKS CO. v. LEE COUNTY COTTON OIL CO.
Attorney:J. C. Little and Manning & Manning, all of Raleigh, for appellant. W. B. Jones, of Raleigh, and Seawell & McPherson, for appellee.
Case Date:November 03, 1926
Court:Supreme Court of North Carolina
 
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Page 343

135 S.E. 343 (N.C. 1926)

192 N.C. 442

RALEIGH IRON WORKS CO.

v.

LEE COUNTY COTTON OIL CO.

Supreme Court of North Carolina

November 3, 1926

Appeal from Superior Court, Wake County; Barnhill, Judge.

Action by the Raleigh Iron Works Company against the Lee County Cotton Oil Company, in which the defendant filed a counterclaim. Judgment for defendant on its counterclaim, and plaintiff appeals. No error.

Evidence of express notice to manufacturer of particular use of machinery to be repaired by him held sufficient to warrant special damages on breach of contract for failure properly to repair.

The plaintiff W. T. Harding, is engaged in the business of manufacturing founders and machinists under the name and style of Raleigh Iron Works Company. The defendant is engaged in the business of manufacturing oil from cotton seed and also in the manufacture of cotton seed meal. Oil is manufactured from cotton seed meal by machinery, and an essential part of such machinery is the oil press, columns, follow blocks, and the press boxes in which the oil is pressed from the seed.

The evidence tended to show that on or about June 11, 1923, the defendant wrote the plaintiff, desiring to know if plaintiff could do certain repair work on steel columns and press boxes. The plaintiff replied to this letter on June 12th, stating, in substance, that he could do the work, and, among other things, was the following statement:

"But feel quite sure we could handle that also, as we have the best equipped shop in the state for general repairs. Send your work to us, and we will do it well and at a fair price consistent with same."

Thereafter, the parts of machinery referred to were delivered to the plaintiff for making the necessary repairs. Witness Barringer, secretary and manager of defendant, testified:

"I talked with Mr. Harding before I sent the work. He told me he had equipment to do the work, and that he did work for the Raleigh Oil Mill. *** I made two trips to see Mr. Harding to get him to hurry up the work. I told him that the season was approaching, and that, unless I got it, I would be handicapped in getting the mill started, and he promised to get them back in a few days."

There was further evidence tending to show that the season for the operation of an oil mill begins about the 11th of September, and that the defendant received the first car of seed about September 8th.

The plaintiff brought suit against the defendant for the sum of $761.36 for services in making...

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