1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 111 S.E.2d
  5. 111 S.E.2d 868 (1960)
 

LEMON v. BUCHAN LUMBER COMPANY

No. 536.

111 S.E.2d 868 (1960)

251 N.C. 675

Kathleen Davis LEMON, Executrix of the Estate of Duncan E. Lemon, Deceased, v. BUCHAN LUMBER COMPANY, Incorporated, and Lowe's Asheboro Hardware, Inc.

Supreme Court of North Carolina.

January 14, 1960.

Attorney(s) appearing for the Case

Harold I. Spainhour, High Point, and Ferree & Anderson, Asheboro, for plaintiff appellant.

McElwee & Ferree, North Wilkesboro, for Buchan Lumber Company, Inc., defendant appellee.

Miller & Beck, Asheboro, for Lowe's Asheboro Hardware, Inc., defendant appellee.

RODMAN, Justice.

Plaintiff's cause of action is laid in tort and not in contract. The fact alleged and admitted by the demurrer that defendant, having a contract to deliver yellow pine, had in fact delivered a mixture of yellow and white pine gave plaintiff no right of action. The damages, if any, resulting from the breach of contract by delivery of a less valuable article could only be claimed by the purchaser.

Plaintiff, if she is to recover, must allege...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases