Diemar & Kirk Company v. Smart Styles, Inc.
Supreme Court of North Carolina
Appeal by defendant from judgment entered against it on the pleading's by Walker, J., May 1963 Session of RaNdolph. The plaintiff, alleging that it is a Georgia 'Corporation and the exclusive sates representative of the defendant manufacturer in fourteen states, including North Carolina, instituted this action to recover sales commissions allegedly due under defendant’s agreement to pay plaintiff five percent of the gross price of all its merclbandise sold by plaintiff.
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Appeal by defendant from judgment entered against it on the pleading's by Walker, J., May 1963 Session of RaNdolph. The plaintiff, alleging that it is a Georgia 'Corporation and the exclusive sates representative of the defendant manufacturer in fourteen states, including North Carolina, instituted this action to recover sales commissions allegedly due under defendant’s agreement to pay plaintiff five percent of the gross price of all its merclbandise sold by plaintiff. Only .tire following portions of the complaint are pertinent to this appeal: “5. On or about March 20, 1961, the defendant…
1Opinion of the CourtSharp, J.
The complaint .alleges, and the 'answer admits, these facts: Defendant executed and delivered to the plaintiff the two checks upon which this suit is brought as payment on account. Both checks were duly presented to the drawee bank for payment. Both were returned- unpaid — one because defendant had insufficient funds on deposit with which to pay it, and the other because defendant had stopped payment on it. Defendant’s appeal raises this question: Do these specific admissions, followed only by a general denial in the answer that the defendant is indebted to the plaintiff, entitle plaintiff to…
2Cases cited17 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Hutchins v. DavisSupreme Court of North Carolina · 1949
- Norfolk & W. Ry. Co. v. Amicon Fruit Co.Court of Appeals for the Fourth Circuit · 1920
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Permenter v. Bank of Green Cove SpringsDistrict Court of Appeal of Florida · 1962
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- ½ Price Checks Cashed v. United Automobile Insurance Co.Texas Supreme Court · 2011
- Mason v. BlaytonCourt of Appeals of Georgia · 1969
- Callaway v. CoxCourt of Appeals of Georgia · 1946
- People v. BrooksMichigan Court of Appeals · 1972
- Reeb v. Interchange Resources, Inc.Court of Appeals of Arizona · 1970
7 more not listed; retrieve them via the Exa API.