Patton v. . Brittain
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, at the Fall Term 1847, his Honor Judge Settle presiding. This was an action of assumpsit for the price of a parcel of salted hides, sold and delivered by the plaintiff to the defendant — Plea, von assumpsit; and upon the issue thereon joined, the case was tried at Henderson on the Fall Circuit of 1847. The plaintiff first, offered in evidence an order, written and signed hy one James J. Bates, in the following…
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Appeal from the Superior Court of Law of Henderson County, at the Fall Term 1847, his Honor Judge Settle presiding. This was an action of assumpsit for the price of a parcel of salted hides, sold and delivered by the plaintiff to the defendant — Plea, von assumpsit; and upon the issue thereon joined, the case was tried at Henderson on the Fall Circuit of 1847. The plaintiff first, offered in evidence an order, written and signed hy one James J. Bates, in the following words*: ‘■Charleston, 20th January, 1814. Mr. William Patton : jilease send to the Rail Road to-morrow, 1000 pounds of hides,…
1Opinion of the Court
Battle J.
The question presented for our determination in this case is one of some practical importance, but not of much difficulty. There is no doubt that the defendant was not bound by the contract for the purchase of the hides, made by his agent, because the agent had exceeded his authority, in purchasing upon credit, instead of paying cash, as he was expressly directed. This is fully established by the authorities referred to and relied upon by the defendant’s counsel. 1 Chit, PI. 40. Com. on Cont. 223. The principal, then, had a perfect right to repudiate the contract and refuse to…
Also in this document: Per curiam.
2Cited by4 opinions
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- Starkweather v. . GravelySupreme Court of North Carolina · 1924
- Brittain v. Westall.Supreme Court of North Carolina · 1904
- Brittain v. . WesthallSupreme Court of North Carolina · 1904