Chemical Co. v. . Johnson
Supreme Court of North Carolina
This is a civil action which was tried before Shipp, J., at April Term, 1888, of Wake Superior Court. On the 17th day of January, 1885, the plaintiff, by its agent, one Vick, and the defendant Johnson, signed, in duplicate, the paper hereinafter set out as Exhibit A. Johnson testified, however, that the portion printed in italics was erased — •“ scratched out” — in the copy retained by him, and this was done with the consent of the plaintiff’s agent.
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This is a civil action which was tried before Shipp, J., at April Term, 1888, of Wake Superior Court. On the 17th day of January, 1885, the plaintiff, by its agent, one Vick, and the defendant Johnson, signed, in duplicate, the paper hereinafter set out as Exhibit A. Johnson testified, however, that the portion printed in italics was erased — •“ scratched out” — in the copy retained by him, and this was done with the consent of the plaintiff’s agent. Upon the receipt by plaintiff, at its place of business in Baltimore, of the copy forwarded them by its agent, it prepared and sent Johnson the…
1Opinion of the CourtMerrimon, J.
The plaintiff alleges, in its complaint, the written agreement set forth above as “ Exhibit B,” as modified by the other writing set forth above as “ Exhibit C, No. 1and its alleged cause of action is founded on that agreement and alleged breaches thereof in respects specified. The defendants deny the agreement as alleged, and the evidence produced on the trial bore mainly on the issue raised by the pleadings in that respect.
The exceptions to the admission in evidence of the original paper writing and letters, cannot be sustained. They were competent evidence of the principal parties…
2Cases cited1 opinion
- Chemical Co. v. . JohnsonSupreme Court of North Carolina · 1887
3Cited by8 opinions
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- Woodbury v. . EvansSupreme Court of North Carolina · 1898
- Supreme Lodge Knights of Honor v. SelbySupreme Court of North Carolina · 1910
- North Carolina Railroad v. GoodwinSupreme Court of North Carolina · 1892
- Wool v. . BondSupreme Court of North Carolina · 1896
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