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Hoke Agricultural Extension News by Willie FeatherMone, Jr.. Agricultural Extension Agent CONTRACT BASICS The marketing of agricultural products is a transaction which involves a contract, either written or oral. Regardless of the type of commodity being marketed (cash grain, tobacco, cotton, other field crops, vegetables, fruits and nuts, poultry, dairy, livestock or nursery and greenhouse products), both the seller and the buyer should benefit from a contract which is legally enforceable in the event of contract breach. In order for a contract to be valid, certain elements must be present. The first element is that all parties to a contract must be legally competent. Neither a minor nor an individual who is mentally in competent has the legal capacity to enter into a contract. If either party lacks legal capacity to contract, then the agreement is said to be voidable at the option of the individual who lacks capacity but is binding on the other party. The second element needed for a valid contract is that the subject matter be proper. Unlike the trafficking in marijuana or other drugs, the sale of agricultural products is a legal activity which is encouraged by the courts. Hence, the courts will enforce these con tracts. The third element relates to the willingness of all parties to consent to the agreement. This is evidenced by the acceptance of an offer made by the buyer to the seller. The acceptance suggests that a "meet ing of the minds" on such issues as delivery, quantity, weight, price, quality, or any other material terms that may affect the transaction has been reached. This mutual under standing must be present before a contract can exist. The final element, required for a valid contract, is consideration, in essence, consideration means that something of value has been ex changed by the parties. With the sale of grain, for example, con sideration is present since dollars are exchanged for grain. It is important to know that the courts will not question, in the absence of duress or fraud, the amount of consideration. Thus, the sale of soybeans for two cents a bushel wouM constitute sufficient con sideration for a contract to be enforced. The essential elements of a J.H. Wright Realty 527 HARRIS AVENUE RAEFORD, N.C. 28376 SALES - RENTALS - CONSTRUCTION Owned end Opereted by Julian H. Wright Res 875-2290 Brenda K. Townsend Res. 875-2457 Office Phone 875-3611 875 5153 FOR SALE COUNTRY LIVING AT ITS BESTI Quality construction with good looks. Many special features, large lot. Specific details furnished on re quest. Shown by appoint ment only with listing agent. NEAR ROCKFISH IN HOKE COUNTY Fishing Privileges in beautiful lake. Loan can be assumed. NEWLY RENOVATED 4 B.R. BRICK ft FRAME HOUSE. 2320 square feet (basement included). Near Antioch on approx. 2 acres nearby com mercial property can be purchased. THREE - BR, BRICK HOUSE Lumbar Bridge, N.C. or near Golf Course. 1534 Sq. Ft., elec. haat/cantral air, en trance foyer, formal living room, formal dining room, kitchen w/bar - stove (self cleaning, double oven), refrig. (side by side), den w/sliding glass doors to patio, two caramic baths, laundry room w/washer ft dryer, larga Inground swim ming pool, fanced back yard w/profeeaional land scaping, 12x16 storage, tt'4" x 22'4" garage. Move In ? Completely Furnished. contract must be present irres pective of whether the contract is written or oral. Remedies for Breach of Contract An individual is typically moti vated to breach a contract in order to capture some perceived gain or to avoid some potential loss. For example, if the market price rises above the contract price, the seller may seek to breach the contract and sell his/her commodity else where at the higher price. On the other hand, if the market price falls below the contract price, the buyer may seek to breach the contract and purchase the com modity at the lower price. To prevent this type of disruption in the marketplace, courts will en force contracts which have met the legal requirements. If a valid contract is breached. then the injured party may request its completion or payment of compensation, known as damages. In the event that the breaching party refuses to complete the contract, the aggrieved party is entitled to specific performance it the commodity contracted tor is unique and not available elsewhere. For example, if a livestock dealer refuses to deliver a particular bull under a contract of sale to a farmer, then the farmer could seek as a remedy specific performance ot the sales agreement. If the farmer is successful, then the court would order the dealer to specifically perform the contract, that is deliver the bull to the buyer. In contrast, if commodity con tracted for is generally available in the marketplace, then monetary damages and not specific per formance is the correct remedy. When a court awards monetary damages, it seeks to compensate the injured party tor the loss under the contract. For example, a farmer contracts to deliver 2.500 bushels of soybeans at S7 per bushel. On the day set for delivery, the price of soybeans is $9 per bushel. Tempted by the potential $5,000 gain, the farmer breaches the contract and sells his/her soybeans elsewhere. The farmer s action entitles the dealer to sue tor damages. There are two common measures tor damages. If. hr order to meet his/her commitment, the dealer enters the market within a reason able time and purchases 2.500 bushels of soybeans, then his/her measure of damages is the dif ference between the agreed upon price in the contract and the dealer's replacement price. Alter natively. if the dealer does not have a current commitment and decides not to purchase the soybeans elsewhere, then his/her measure ot damages is the difference between the agreed upon price in the contract and market value of the soybeans"at the time delivery was to occur. Regardless of whether it is specific performance or monetary damages, the remedy awarded to the injured party is not to be viewed as a penalty or fine levied against Yard Sale Set To Help Shepperds The Hoke County Beekeepers Association would like to remind everyone about the yard sale on Saturday for the Bill Shepperd family. It will be held at Edinborough Shopping Center. All the proceeds will go to this family to help pay the huge medical bills described in a recent News Journal. The announcement adds: "There is still time for you to clean that closet or attic that you have wanted to do all summer. Things that you might never use again. Someone else will buy. Anything that can be sold will be greatly appreciated. "We have already had several items donated, such as a freezer, childs bicycle, TV, hair dryers, clothes and household items. "Donations for the yard sale can be dropped off at the home of John Furmage, 610 Bethel Road, or at Brock's Florist, Rockfish Road. (Bill Shepperd is Claudine Brock's brother), "Bee Association members will pick up items if requested. Call John Furmage, 875-3504 or Betty Freeman, 875-4693. "We need your help on this!!" the breaching party. It simply seeks lo make the injured party "whole" and. hence, removes any incentive to breach the contract and disrupt the marketplace. LEGALS NOTICE OF FORECLOSURE NORTH CAROLINA HOKE COUNTY UNDER AND BY VIRTUE OF THE POWER OF SALE contained in a certain deed of trust made by Henry Wilson McDaniel to Lloyd K. Swaringen, Trustee, dated the 1st day of November. 1979. and recorded in Book 211. Page 741. Hoke County Registry, default having been made in the payment of the note thereby secured and the holder having directed that the deed of trust be foreclosed, the undersigned Trustee will offer for sale, at the Courthouse door, in the City of Raeford. North Carolina, at Twelve (12:00) o'clock Noon on August 17. 1982. and will sell to the highest bidder, for cash, a resi dence situate on and together with the following real estate, in Que whiffle Township. Hoke County. North Carolina, and being more particularly described as follows: A certain lot or tract of land in Quewhifflc Township. Hoke Coun ty. North Carolina, located about V, mile East of Highway No. 15-501 and about 1? mile South of State Road No. 1225 described as follows: BEGINNING at an iron stake in the West margin of a 60 foot wide road; designated as Brown Road, said stake being at the Southeast corner of a 0.46 acre lot heretofore conveyed to Charlie B. Wike and wife. Hattie M. Wike. as of record will appear in the Hoke County Registry and runs thence from said beginning point as and with the South margin of said heretofore conveyed lot North 82-15 West 210 feet to a corner: thence a new line. South 29-01 West 105 feet to a corner: thence a new line. South 82-15 East 210 feet to a corner in the margin of said heretofore described Brown Road; thence as and with the West margin of said road. North 28-31 East 105 feet to the point of BEGINNING, and containing 0.4(i acres, more or less. ? The herein conveyed lot comprises all of Lot number three (3) as it appears on that plat entitled "Property of John Brown and wife. Blanche Brown" Qiiewhitne Town ship. Hoke County. North Caro lina. Said plat being dated August 14. 1974, and having been pre pared by C.H. Blue and Associates. Southern Pines. North Carolina to which plat reference is hereby made for further identification. This lot lies West of and adjacent to a private dirt access road leading from State Road No. 1225. said dirt road running in a Southerly di rection across Lot No. 2b. Map Book 1. Page 16. Hoke County Registry and also across that road designated as Brown Road. This Deed includes a right of way and right of ingress and egress and regress over the said dirt access road or so much thereof as lies on or across the aforementioned realty and said right of access is hereby specifically designated, granted and conveyed in this Deed. This sale is made subject to all taxes, prior liens or encumbrances of record against said property and recorded releases, if any. A cash deposit of 10% of the purchase price will be required at the time of the sale. This the 19th day of July. 1982. LLOYD K. SWARINGEN Trustee BLACKWELL. THOMPSON. SWARINGEN JOHNSON & THOMPSON. P A. Attorneys at Law Post Office Box 469 300 Dick Street-Heritage Square Fayetteville. North Carolina 28302 Telephone: (919) 483-5176 15 16C IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 82 SP 45 STATE OF NORTH CAROLINA COUNTY OF HOKE IN THE MATTER OF THE SALE OF LAND OF PILOT EQUITIES. INC.. UNDER FORECLOSURE OF DEED OF TRUST TO CHARLES A. HOSTETLER, TRUSTEE IN BOOK 215, PAGE 009. HOKE COUNTY PUBLIC REGISTRY NOTICE OF RESALE WHEREAS, the undersigned, acting as Trustee, in a certain Deed of Trust executed by . PILOT EQUITIES. INC., et al, and recorded in Book 215, Page 009, in the Office of the Register of Deeds LEGALS of Hoke County, foreclosed and offered for sale the land hereinafter described; and whereas within the time allowed by law an advanced bid was filed with the Clerk of the Superior Court and an order issued directing the Trustee to resell said land upon an opening bid of ONE THOUSAND FIVE HUNDRED TWENTY AND NO/100 DOL LARS ($1,520.00). NOW. THEREFORE, under and by virtue of said order of the Clerk of the Superior Court of Hoke County, and the power of sale contained in said Deed of Trust, the undersigned Trustee, will offer for sale upon said opening bid at public auction to the highest bidder for cash at the door of the County Courthouse in Raeford. Hoke County. North Carolina, at 12:00 o'clock Noon on the 24th day of August. 1982. the following des cribed property located in Raeford Township. Hoke County, North Carolina, and Being all of Lot #43 (Forty Three) of the Thomasville Sub division as shown in Map Book 6. Page 23 of the Hoke County Public Registry to which reference is hereby made. This sale will be made subject to all outstanding taxes, if any. and prior liens of record, if any. CASH DEPOSIT: Ten per cent (10%) of the first SI.000.00 and five per cent (5%) on any addi tional amount bid will be required at the sale. Done, this the 28 day of July. 1982. CHARLES A. HOSTETLER Trustee HOSTETLER & McNEILL ATTORNEYS AT LAW RAEFORD. N.C. I5-16C NOTICE OF RESALE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 82 SP 45 STAT^OFNOrth CAROLINA COUNTYOF HOKE IN THE MATTER OF THE SALF INCLAul?npFpP,tOT E(^U,T,ES. OF nPPnER^f?RECL0SURE CHARI p?P a TRUST TO &|SinAboHo0kSTF5tl^ ^gistrkvE countv PUBL1c WHEREAS, the undersigned in a certaiXcd of Trust execifted FVTffol Equities, nc.. et al. and recorded in Book 215, Page 009. in ,he Office ofX Register of Deeds of Hoke Countv laid h 3n? ?,,ered for sale the land hereinafter described; and whereas within the time allowed by aw an advanced bid was filed with the,Clerk of the Superior Court and an order issued directing the Trustee to resell said land upon an opening bid of ONE THOUSAND five hundred TWENTY AND ?NnwD?bLARSlsl'5SM) an?? ?EREFORE. under and by virtue of said order of the Cltrk of the Superior Coun of Hoke County, and the power of sale contained in said Deed of Trust the undersigned Trustee, will offcY lor safe upon said opening bid at public auction to the highest bidder couAh at the dtH'r of ,he County Courthouse in Raeford. Hoke County. North Carolina, at 12 00 s?,N,;r,fcw,h "ibed property Walrt in'Slefort C"?> of?h'n8TKlofLot #53 (Fifty-Three) of the Thomasville Subdivision as th? w" il" ^3P 800,1 6- Pa?e 23 of the Hoke County Public Registry to which reference is hereby mad? This sale will be made subject to all outstanding taxes, if any and prior liens of record, if any "DEPOSIT: Ten per cen, (10%) of the first SI.000.00 and tinn P" CCnt (5%) on a"y addi at the IT"1 Wi" bC r^uired ,^ne. this the 28 day of July. CHARLES A.HOSTETLER HOSTETLER & MCNEILL7'"51" ATTORNEYS AT LAW L RAEFORD. N.c. I5-I6C NOTICE OF SALE NORTH CAROLINA COUNTY OF HOKE Under and by virtue of the power ? sale contained in a certain Deed 1 cxecu,ed by JAMES C. icKi-r7.lnd wifc- LARUE B NPM? ?? BOBBY BURNS MC NfclLL, Trustee, dated the 27th ,977- recorded d *Pa8e143 in the Office of the Register of Deeds of Hoke County, North Carolina, and de fault having been made in the payment of the indebtedness there by secured and said Deed of Trust being by the terms thereof subject to foreclosure, the undersigned Trustee will offer for sale at public LEGALS auction to the highest bidder tor cash at the courthouse door in Raeford. North Carolina, at 12:00 o'clock Noon on the 31st day of August 1982, property conveyed by said Deed of Trust, the same lying and being in the County of Hoke. State of North Carolina. Raeford Township, and more particularly described as follows: BEGINNING at the northwest corner of Younger Snead residence premises in the south margin of Prospect Avenue, and runs thence South 1-30 West 150 feet to a stake; thence N 88-30 West 125 feet to a stake. O.L. Crowder's corner; thence as dividing line between said Crowder and Lentz North 1-30 East 150 feet to a stake in the south margin of said Avenue, also Crowder's corner; thence along the margin of said Avenue. South 88-30 East 125 feet to the BE GINNING. running around and embracing the premises known and used as Lentz Mortuary or Funeral Home. This being the same property conveyed to James C. Lentz and wife. Larue B. Lentz by Adminis trator of Veterans Affairs and as recorded in Book 196. at Page 130 of the Hoke County Public Registry to which reference is hereby made. This sale will be made subject to all outstanding taxes, if any. and prior liens of record, if any. This sale will be subject to redemption rights of United States as provided by the Federal Tax Lien Act. CASH DEPOSITS: Ten per cent (10%) on the first SI.000.00 and five per cent (5% ] on any addi tional amount bid will be required at the date of the sale. Done, this the 28 dav of July. 1982. BOBBY BURNS McNEILL. TRUSTEE HOSTETLER <5c McNEILL ATTORNEYS AT LAW RAEFORD. N.C. IS-18C NOTICE TO THE PUBLIC COLIFORM BACTERIA FOUND IN DRINKING WATER During the month of June, tfolit'orm bacteria was found in drinking water samples from the Carolina Country Mobile Home Park water system above the limit as it appears in the "Rules Gov erning Public Water Supplies." Coliform bacteria is an environ mental bacteria which is found in the soil and intestinal tract of warm blooded animals. The presence of coliform bacteria in drinking water indicates that some contamination has occurred. In an attempt to correct the cause of the contamination, we have done the following: We have flushed the water lines. It you have questions about this notice, please contact: Davis K. Parker Jr. Duncan B. Parker Carolina Country Mobile Home Park 100 Carolina Drive Raeford. N.C. 28376 (919) 875-3800 14-16C IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 82-E-56 82-5-109 STATE OF NORTH CAROLINA HOKECOUNTY ADMINISTRATOR'S NOTICE Having qualified as Administra tor C.T.A. of the estate of Edith Davis McColl of Hoke County, North Carolina, this is to notify all persons having claims against the estate of said Edith Davis McColl to present them to the undersigned within 6 months from date of the publication of this notice or same will be pleaded in bar of their recovery. All persons indebted to said estate please make immediate payment. This the 12th day of July 1982. Randall Ashburn 218 Wright St. Raeford. N.C. 28376 13-16C IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION FILE NUMBER: 82 CVD 214 NORTH CAROLINA HOKECOUNTY COMPLAINT COUNTY OF HOKE VS J. AARON PHIFER AND WIFE, if any; HORNE LUMBER COM PANY, INC.. all heirs at law, devisees, together with ajl their creditors and lienholders regardless of how or through whom they claim, and any and all persons claiming any interest in the cor poration of Horne Lumber Com pany. Inc., Wajren Pate, guardian legals ad liten tor Home Lumber Com pany, Inc., heirs at law, devisees, all lienors, creditors, and assignees of said heirs at law who may be minors, insane, or otherwise in competent, the names and where abouts of all such persons being unknown to the plaintiff. TO: HORNE LUMBER COM PANY. INC., et. al. TAKE NOTICE THAT: A pleading seeking relief against you has been filed in the above entitled action and notice of service of process by publication began on July 29. 1982. The nature of the relief being sought is as follows: PROPERTY TAX LIEN FORE CLOSURE. You are required to make de fense to such pleading not later than forty (40) days after the date of the first publication of the notice stated above, exclusive of such date, and upon your failure to do so, the party seeking service of process by publication will apply to the court for the relief sought. This the 22nd day of July. 1982. Hubert Wooten Attorney for Plaintiff Hoke County Tax Office Raeford. North Carolina 2837b 14-lbC CREDITOR S NOTICE Having qualified as Executrix of the estate of Minnie Smith Chambers, deceased, late of Hoke County, this is to notify all persons having claims against said estate to present them to the undersigned on or before January 22. 1983 or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment to the under signed. This the 22nd dav of July. 1982 Elaine Calhoun - Executrix R. Palmer Willcox Willcox & McFadyen Edinborough Ave. Raeford. N.C. 2837b 13-lbC IN THEGENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION STATE OF NORTH CAROLINA HOKECOUNTY EXECUTOR S NOTICE Having qualified as Executor of the estate of Janie T. Monroe of Hoke County. North Carolina, this is to notify all persons having claims against the estate of said Janie T. Monroe to present them to the undersigned within b months from date of the publication ot this notice or same will be pleaded in bar of their recovery. All persons indebted to said estate please make immediate payment. This the 1st day of July. 1982. Lacy H. Koonce. Jr. Route 8 18 Trinity Dr. Lumberton. N.C. 28358 12-15C NORTH CAROLINA HOKE COUNTY CREDITORS' NOTICE The undersigned, having quali fied as Administratrix of the Estate of Alfred G. Bray, deceased, late of Hoke County, this is to notify all persons having claims against said Estafe to present them to the undersigned on or before the 16th day of January. 1983. or this notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make imme diate payment to the undersigned. This, the 9th day of July. 1982. Jacquelyn S. Bray 5201 Glenham Drive Charlotte. N.C. 28210 William L. Moses Attorney at Law 127 West Edinborough Avenue Post Office Drawer 688 Raeford, North Carolina 28376 Telephone: (919) 875-2137 12-15C IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION STATE OF NORTH CAROLINA HOKECOUNTY EXECUTOR S NOTICE Having qualified as Executor of the estate of Jesse Triplett Robert son of Hoke County. North Caro lina. this is to notify all persons having claims against the estate of said J?sse Triplett Robertson to present them to the undersigned within 6 months from the date of the publication of this notice or same will be pleaded in bar of their recovery. All persons indebted to said estate please make immediate payment. This the 6th day of July. 1982. Martin A. Robertson Route 1. Box 81 Aberdeen. N.C 28315 12-15C