# Stern v. Benbow

> Supreme Court of North Carolina · December 15, 1909 · 151 N.C. 460

URL: https://www.frixlaw.com/law-library/cases/6695298

## Case

- **Full name:** M. W. STERN v. W. J. BENBOW
- **Court:** Supreme Court of North Carolina
- **Decided:** December 15, 1909
- **Citations:** 151 N.C. 460
- **Precedential status:** Published
- **Opinion:** Dissent by Manning
- **Judges:** Manning, Olark
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6695298

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6695298. Public record. Not legal advice.