Rose v. Vulcan Materials Co.
North Carolina Supreme Court
194 S.E.2d 521 (1973)
T. Rose (plaintiff) leased his stone quarry to J. Dooley for 10 years. At the same time, Rose and Dooley entered a second agreement in which Dooley agreed to sell stone to Rose at certain prices over the 10-year period. The stone-pricing agreement was a sealed contract. The next year, Dooley asked Rose to let him out of the agreements because Vulcan Materials Company (Vulcan) (defendant) wanted to buy Dooley’s business. Rose said that he would only let Dooley out of the agreements if Vulcan agreed in writing to assume Dooley’s contractual obligations. Vulcan bought Dooley’s business and sent Rose a letter saying Vulcan assumed both contracts. Vulcan sold stone to Rose at the contractual price for a year. Then Vulcan raised its prices. Rose did not have a practical alternative stone source. Thus, under protest, Rose paid Vulcan the higher prices for seven years. Finally, Rose sued Vulcan for breaching the stone-pricing agreement. The trial court held that the ten-year statute of limitations for sealed contracts applied and ruled for Rose. Vulcan appealed, arguing that it was not liable for the obligations in the sealed Rose-Dooley contract. Rather, Vulcan claimed its only obligations came from Vulcan’s unsealed letter and, therefore, that Rose’s case was barred by the shorter three-year statute of limitations for unsealed contracts.
Rule of Law
Holding and Reasoning (Huskins, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.