Palmer v. Jennette
| Decision Date | 30 April 1947 |
| Docket Number | 21 |
| Citation | 42 S.E.2d 345,227 N.C. 377 |
| Parties | PALMER et al. v. JENNETTE et al. |
| Court | North Carolina Supreme Court |
The plaintiffs brought this suit to recover the balance alleged to be due on 1107 1/2 bags of field-run Irish potatoes (excepting no. 3s), alleged to have been delivered to defendants at the price of $2.60 per bag, upon which it is admitted the defendants have paid for 370 1/2 bags and are still indebted to plaintiffs for 737 bags or a total of $1,916.20, with interest. Defendants admit that they contracted to buy from the plaintiffs a quantity of field-run potatoes, exclusive of no. 3s, to be dug from a certain field and to pay $2.60 per bag; the defendants allege that it was agreed that the potatoes should be of sound and merchantable quality, which the plaintiffs deny. They further admit that the plaintiffs delivered 1,107 1/2 bags of potatoes and that defendants accepted a portion of them, to wit: 370 1/2 bags, but expressly denied that they accepted all of the potatoes which had been delivered. On the contrary, defendants aver that upon the delivery of the last load of the potatoes they discovered that a quantity of them were in a rotting condition and that they so notified the plaintiffs within one hour after delivery. They further set up a claim for expenses for delivering a quantity of the potatoes to another warehouse for re-grading at the request of the plaintiffs.
The plaintiffs deny that the potatoes were removed to another warehouse at their request, averring that they had delivered them to defendants as per contract and had no further interest in them.
On the trial the evidence as to the condition of the potatoes and the causes thereof, was sharply conflicting. The plaintiffs' evidence tended to show that the potatoes were in good condition when they left the field for an 11 mile haul to defendants' warehouse. The digging and hauling consumed about four days, and the potatoes were delivered to defendants in lots as harvested. The evidence of defendants tended to show that some of the potatoes were discovered to be in a decaying condition just after the last load was delivered and notice to that effect given the plaintiffs. There was evidence on the part of plaintiffs tending to show that the potatoes were stacked in bags without ventilation, at defendants' warehouse in a manner that tended to promote rapid deterioration and that this was done at the instance of purchasers. The evidence was indeterminate as to the relative quantity of good and bad potatoes. Defendants paid the plaintiffs for 370 1/2 bags.
Plaintiffs denied the making of an express warranty of merchantability and on this point the evidence was conflicting. The plaintiffs' evidence tended to show that defendants were afforded an opportunity to inspect the potatoes as they were dug and availed themselves of the opportunity, as far as they thought necessary,--and that care had been exercised to prevent the potatoes from exposure to the sun during the harvesting.
In this condition of the pleading and the evidence, issues were submitted to the jury and answered as follows:
'1. Did plaintiffs contract to sell and deliver to defendants 1107 1/2 bags of field-run Irish potatoes at the price of $2.60 per bag delivered, as alleged in the complaint? Answer Yes.
'2. If so, did plaintiffs deliver said potatoes to the defendants in accordance with the said contract? Answer: Yes.
warehouse in a sound and merchantable condition? Answer: Yes.
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Chisum v. Campagna, 16 CVS 2419
...makes them 'so contradictory as to invalidate the judgment, the practice of the Court is to grant a new trial . . . .' Palmer v. Jennette, 227 N.C. 377, 379, 42 345, 347 (1947). However, '[i]t is well settled that a verdict should be liberally and favorably construed with a view of sustaini......
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Lee v. Rhodes
... ... Palmer v. Jennette, 227 N.C. 377, 42 S.E.2d ... 345; Jernigan v. Neighbors, 195 N.C. 231, 141 S.E ... 586; Page Supply Co. v. Horton, 200 N.C. 373, 17 ... ...
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Walker v. Walker
...to the issues are allegedly contradictory, a motion for a new trial under Rule 59 is the appropriate motion. See Palmer v. Jennette, 227 N.C. 377, 379, 42 S.E.2d 345, 347 (1947) (if the jury verdict is inconsistent, then it is not the practice of the Court to enter a judgment notwithstandin......
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Boone Ford, Inc. v. IME Scheduler, Inc.
...59 is the appropriate motion." Walker v. Walker , 143 N.C. App. 414, 421, 546 S.E.2d 625, 630 (2001) (citing Palmer v. Jennette , 227 N.C. 377, 379, 42 S.E.2d 345, 347 (1947) ). Here, because IME Scheduler never moved for a new trial on its UDTP claim, "the question of whether the [jury’s] ......