Opinion

Stern v. Benbow

  • 151 N.C. 460
Court
Supreme Court of North Carolina
Filed
Dec 15, 1909
Status
Published
Author
Manning
On the bench
Manning, Olark
Cited by
18 cases

The opinion

MANNING, J.,

dissenting: Concurring with tbe conclusion reached by tbe Court, tbat a partial new trial should be bad, I regret tbat I cannot agree with them in tbe conclusion reached *465 in tbe disposition of tbe principal questions presented by tbe appeal. In my opinion, tbe option giving tbe plaintiff thirty days to determine bis acceptance or rejection, it, wben accepted, became tbe contract and embodied all its terms, and it was not permissible to add to or vary its terms. If tbis were permitted, non constat, tbat' tbe defendant would bave made sucb a proposition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.