# Bushnell v. Bertolett

> Supreme Court of North Carolina · December 7, 1910 · 153 N.C. 564

URL: https://www.frixlaw.com/law-library/cases/6695466

## Case

- **Full name:** J. C. BUSHNELL v. J. R. BERTOLETT and Wife, Mamie T. Bertolett
- **Court:** Supreme Court of North Carolina
- **Decided:** December 7, 1910
- **Citations:** 153 N.C. 564
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Clark
- **Cited by:** 0 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/6695466

## Opinion text

Brown, J.
Tbis action is brought for the purpose of charging the estate of the feme defendant with the sum of $330.75 for a breach of contract in refusing to take and pay for a lot of apple trees. Tbe defendant accepted and paid for $40.00 worth of trees and refused to accept and pay for the others. Tbe following is the alleged contract or order for the trees.
Memo, of Apple Trees — Season 1907-8.
800 Delicious apple trees.
600 Stamen winesaps.
600 Grimes golden.
450 Rome Beauties.
5 Jonathan.
5 Senators.
5 Benoni.
5 Livland Raspberry.
5 Jeffries.
(Signed) Mes. J. R. Bebtolett.
Assuming for the sake of argument that the husband consented in writing to the above order, yet the contract is one that *565 cannot be enforced against the feme defendant and bis Honor should have sustained the demurrer.
This is in conformity with a uniform line of decisions many in number beginning with Harris v. Jenkins, 72 N. C., 183 , and ending with Bank v. Benbow, 150 N. C., 782 . Reversed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6695466. Public record. Not legal advice.