Peyton v. Hamilton-Brown Shoe Co.
Supreme Court of North Carolina
Apeeau by defendant from Shaw, J., at Fall'Term, 1914, of Eioh-3VIOND. This action was brought to recover the amount alleged to be due under a contract between the parties, by which defendant employed plaintiff as its traveling salesman in parts of North Carolina and South Carolina, the territory being designated by reference to a map described therein.
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Apeeau by defendant from Shaw, J., at Fall'Term, 1914, of Eioh-3VIOND. This action was brought to recover the amount alleged to be due under a contract between the parties, by which defendant employed plaintiff as its traveling salesman in parts of North Carolina and South Carolina, the territory being designated by reference to a map described therein. Plaintiff was to receive 2% per cent commissions on all goods sold by him and shipped into his territory; to have a drawing account or guaranteed monthly salary of $150, payable at the end of each month, and to be paid all his necessary…
1Opinion of the Court
Walker, J.,
after making the foregoing statement of the case: It appears that, after the pleadings had been read and the jury impaneled, ■defendant requested the court to order a reference of the case, which ■ was refused, and to this the first exception was taken. The motion for *282a compulsory reference should have been made before the impaneling of the jury. It was due then, in the regular order of procedure, and by passing that stage in tbe trial without acting, the defendant waived his right; he having impliedly accepted the method of trial by jury, instead, by his silence. Such motions…
2Cases cited5 opinions
- Hughes v. . BooneSupreme Court of North Carolina · 1889
- Burriss v. . StarrSupreme Court of North Carolina · 1914
- Kerr v. Hicks.Supreme Court of North Carolina · 1902
- Caton v. . TolerSupreme Court of North Carolina · 1912
- Mayo v. . GardnerSupreme Court of North Carolina · 1857
3Cited by12 opinions
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Snyder v. Kenan Oil Co.Supreme Court of North Carolina · 1952
- Bohannon v. TrotmanSupreme Court of North Carolina · 1939
- Shute v. FisherSupreme Court of North Carolina · 1967
- Bohannon v. . TrotmanSupreme Court of North Carolina · 1939
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