Bryson v. . Lucas
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1880, of Macon Superior Court, before Schenck, J. This action is brought against the defendant upon the following written instrument executed by him : On or before the first day of January, 1879,1 promise to pay to the order of Albert S. Bryson one thousand dollars with interest from date, being part payment of a certain tract of land, for which bond has been given, bearing even date with this note.
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Civil ActioN tried at Spring Term, 1880, of Macon Superior Court, before Schenck, J. This action is brought against the defendant upon the following written instrument executed by him : On or before the first day of January, 1879,1 promise to pay to the order of Albert S. Bryson one thousand dollars with interest from date, being part payment of a certain tract of land, for which bond has been given, bearing even date with this note. Witness my hand and seal this 2nd day of July, 1877. (Signed by H. S. Lucas, [seal] For Charles Cal-lender, President of the Chester Mica and Porcelain Co.) A…
1Opinion of the Court
Smith, O. J.
The record presents the sole question, whether the instrument set out in the complaint is the bond of the defendant on which he is personally liable.
It is settled by adjudications in this state that a contract made in the name of another by one professing but not possessing authority to bind, is the contract of neither, yet the former may be liable upon the contract implied in receiving the consideration, and the latter in damages for the false and fraudulent representation of such agency. Potts v. Lazarus, 2 Car. Law Rep., 83; Delins v. Cawthorne, 2 Dev., 90. And the principle…
2Cases cited2 opinions
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