Sechrest v. Forest Food Furniture Co.

141 S.E.2d 292 (1965)

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Sechrest v. Forest Food Furniture Co.

North Carolina Supreme Court
141 S.E.2d 292 (1965)

Facts

Sechrest (plaintiff) entered into a contract with Forest Food Furniture Co. (defendant) under which Forest Food agreed to manufacture and deliver a certain number of plywood drawer bottoms to Sechrest. The plant at which Forest Food was to manufacture the plywood drawer bottoms burned down. Sechrest sued Forest Food for breach of contract. Forest Food moved to dismiss based on frustration of purpose. Forest Food maintained that it was relieved of its duties under the contract because the plant was the only place where the plywood drawer bottoms were going to be manufactured, and the plant burned down without any fault of Forest Food. The trial court granted Forest Food’s motion to dismiss on the assumption that the warehouse—and not the drawer bottoms—was the subject matter of the contract, and Sechrest sought review in the North Carolina Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Higgins, J.)

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