James T. White & Co. v. McMillan

Citations

• 19 S.E. 234
• 114 N.C. 349

Syllabus

<p>Parol Evidence — Contract of Sale — Delivery Under Contract.</p> <p>1. Parol evidence is admissible in the trial of an action on a written contract to explain the meaning of abbreviations of words and figures contained therein.</p> <p>2. A contract for delivery of goods “about November 1” is complied with by delivery on November 10th.</p> <p>3. A contract for the sale and delivery of an article provided for payment on delivery and authorized the seller to draw for the amount; the article was shipped “C. O. I).” and the purchaser in a letter to the seller made no objections to the mode of delivery, but refused to receive the property on the ground that he was unable to pay for the same, as “money was scarce” and it “ cost so much”; the article remained in the express office three months when it was recalled by the seller: Held, in an action on the contract (1), that the fact that the article was shipped “(’. O. 1).” was, under the circumstances, immaterial; (2), that .after the positive refusal of the defendant to receive and pay for the article it was not incumbent on plaintiffs to longer keep it at the place of delivery agreed upon.</p>