DAVENPORT v. DAVENPORT

No. 752SC91.

214 S.E.2d 294 (1975)

25 N.C. App. 621

Everett DAVENPORT trading as Davenport Supply & Grain Company v. Douglas W. DAVENPORT and wife, Vivian H. Davenport.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Franklin B. Johnston, Washington, for plaintiff.

Charles W. Ogletree, Columbia, and Hutchins, Romanet, Hutchins & Thompson by R. Wendell Hutchins, Plymouth, for defendants.


CLARK, Judge.

The parties agree that the written contract, duly executed by plaintiff and defendant, Douglas W. Davenport, on 10 August 1972, provided in substance that said defendant would sell to plaintiff 20,000 bushels of corn at $1.18 per bushel, and that plaintiff would pick up the corn in his vehicles at defendants' farm from time to time on or before 20 September 1972.

Plaintiff alleges that said defendant breached the contract on 12 October 1972,...

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