Tbe only exception is to tbe judge’s charge. In this we find no error.
Tbe judgment is
Affirmed.
Cooper & Griffin, Inc. v. Osage Manufacturing Co., 208 N.C. 850 (1935)
Nov. 20, 1935
·
Supreme Court of North Carolina
208 N.C. 850
COOPER & GRIFFIN, INC., v. OSAGE MANUFACTURING COMPANY.
(Filed 20 November, 1935.)
Appeal by defendant from Pless, J., at March Term, 1935, of GaSTON.
This was an action to recover damages for breach of contract for purchase of two hundred bales of cotton.
It was admitted in the pleadings that defendant, a cotton manufacturing company, agreed to purchase from- plaintiff cotton broker the cotton in question at a price, for delivery on 21 and 28 July, and that thereafter it was agreed that “shipments need not be made as required by the terms of the contract, but that if plaintiff would keep cotton *851moving to tbe defendant’s mill, it would be satisfactory so long as tbe mill was kept supplied.”
Tbe evidence was uncontradicted tbat from 4 August to 9 August, plaintiff shipped and defendant received and paid for 105 bales of cotton, and tbat plaintiff was ready, able, and willing to deliver tbe remaining 95 bales; tbat tbe mill requirements were 103 bales per week, and tbat on 9 August defendant bad on band sufficient cotton for five or six days’ run. On 11 August defendant refused further shipments. Thereupon, plaintiff sold said 95 bales and sustained a loss of $1,071.42.
There was no controversy as to tbe amount involved.
Tbe trial judge charged tbe jury if they found tbe facts to be as testified to answer tbe issues in favor of tbe plaintiff.
P. W. Garland and Blythe & Bonham for plaintiff.
S. J. Durham for defendant.