Brown, Brawley & Co. v. Bostian
Supreme Court of North Carolina
Action of covenant, tried before BailA, J., at the last Spring Term of Mecklenburg Superior Court. The plaintiffs declared on the following written instrument: “This contract and agreement, entered into this 17th day of October, 1855, between John L. Brown for Brown, Brawley & Go., of the town of Charlotte, and State of North Carolina, and David Bostian of the county of Alexander, and State aforesaid, witnesseth, that the said Bostian, on his part, con-' tracts and agrees to…
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Action of covenant, tried before BailA, J., at the last Spring Term of Mecklenburg Superior Court. The plaintiffs declared on the following written instrument: “This contract and agreement, entered into this 17th day of October, 1855, between John L. Brown for Brown, Brawley & Go., of the town of Charlotte, and State of North Carolina, and David Bostian of the county of Alexander, and State aforesaid, witnesseth, that the said Bostian, on his part, con-' tracts and agrees to furnish Brown, Brawley & Co. with one hundred barrels of good merchantable flour, to be delivered in lots of twenty…
1Opinion of the CourtBattle, J.
The only question presented is, whether the action, upon the instrument declared upon, was properly brought in the name of Brown, Brawley & Co., and we think that upon both principle and authority, it was. According to the express terms of the written agreement, the defendant bound himself to deliver the flour to the plaintiffs, and the agreement is signed in their name, and sealed with a seal purporting to be theirs. It is true, that in the body of the instrument, the contract purports to be made between John L. Brown for the plaintiffs and the defendant; and John L. Brown, for tbe…
2Cited by1 opinion
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