[Download] "Mathis v. Siskin" by Supreme Court of North Carolina * eBook PDF Kindle ePub Free

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eBook details

• Title: Mathis v. Siskin
• Author : Supreme Court of North Carolina
• Release Date : January 21, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

There was no error in the denial of Jack Schulman's motion for judgment of nonsuit. The contract states expressly that the ""Owner"" agrees to make payments of the purchase price and identifies ""Owner"" as Jack Schulman and wife. Siskin testified that he was acting as Schulman's agent and Schulman instructed him to have this contract prepared and to sign it for him. The plaintiff testified that Schulman telephoned him and cancelled the contract the day before the equipment arrived. Siskin corroborated this. The plaintiff's Exhibit 6, a letter written by his attorney to Schulman three days after the telephone conversation, was an election by the plaintiff to treat Schulman's anticipatory renunciation of the entire contract as an immediate breach and to sue for damages. See Pappas v. Crist, 223 N.C. 265, 25 S.E.2d 850; Edwards v. Proctor, 173 N.C. 41, 91 S.E. 584. The plaintiff testified specifically as to the damages sustained by him as a result of the breach. Thus, the plaintiff's evidence, taken to be true and considered in the light most favorable to him, as it must be upon a motion for judgment of nonsuit (Insurance Co. v. Sprinkler Co., 266 N.C. 134, 146 S.E.2d 53), is sufficient to establish each element of his alleged cause of action against Jack Schulman. The latter's testimony contradicting the plaintiff's evidence as to these various matters raised a question for the jury, which the jury resolved in favor of the plaintiff.

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