1 N.C. 12
Decided July 1, 1793
IN covenant. The case was this. The master of a vessel covenanted to sail with his freight by the first fair wind, and the other party to pay the freight. The master brought his action for his wages, and alledged that he had performed the voyage.
Good law ✅— No negative treatment on recordhow we know
Decided 1793-07-01
Cited by 4 later decisions — most recently June 1825
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The traverse cannot be maintained clearly, because the wind may blow fair for a quarter of an hour, and the vessel may spring a leak while the wind is fair.
¶2Curia assented, and
¶3said, most clearly, an action of covenant lies for not sailing with the first wind: For thereby the market may be lost. Postea, p. 49. Poph. 161. Bendl. 146. Noy 75. Palm. 397.