Wise v. Texas Co.
Supreme Court of North Carolina
Appeal by defendants from Ferguson, J., at Spring Term, 1914, of Daee. This action was brought to recover $1,500 as damages for an alleged breach of contract to sell and .deliver to the plaintiffs at Norfolk, Ya., f. o. b., 350 barrels of motor gasoline, the balance of the entire lot of 500 barrels called for by the original contract. It is alleged that the contract was made through one C. C. Clark, agent of the defendants, and the price was 8% cents per gallon.
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Appeal by defendants from Ferguson, J., at Spring Term, 1914, of Daee. This action was brought to recover $1,500 as damages for an alleged breach of contract to sell and .deliver to the plaintiffs at Norfolk, Ya., f. o. b., 350 barrels of motor gasoline, the balance of the entire lot of 500 barrels called for by the original contract. It is alleged that the contract was made through one C. C. Clark, agent of the defendants, and the price was 8% cents per gallon. Defendants refused to ship the- oil, and deny that any such contract was ever made. Plaintiffs put in evidence a written contract,…
1Opinion of the Court
Walker, J.,
after stating the factsThis case, in one material aspect of it, turns upon the point whether there is any evidence of ratification by defendants of the unauthorized act of its agent, in contracting for them to sell the gasoline below the market price, and in positive violation of express instructions not to do so. In order to decide this question, we must consider the evidence in the most'“favorable light for the plaintiffs; but when it is thus viewed, we are of the opinion there was no ratification, and the nonsuit should have been granted.
We start out with the fact admitted that…
2Cases cited7 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Wheeler v. Northwestern Sleigh Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1889
- Brown v. RouseCalifornia Supreme Court · 1894
- Roberts v. RumleySupreme Court of Iowa · 1882
- Brittain v. Westall.Supreme Court of North Carolina · 1904
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3Cited by3 opinions
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- Hancammon v. . CarrSupreme Court of North Carolina · 1948
- Cox v. Kinston Carolina Railroad & Lumber Co.Supreme Court of North Carolina · 1918