Styles v. Whiting Manufacturing Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at Fall Term, 1913, of G-kaiiam. Tbi§ action is to recover money alleged to be due on certain logging contracts. • Tbe plaintiff offered evidence tending to prove*tbat be logged. 92,437 feet at $3.55 per 1,000 feet; tbat bis contract was tbat be was to bave 75 per cent of tbe money wben bis logs were cut and skidded by tbe side of tbe railroad track, and was to bave thé other 25 per cent wben loaded on cars; be admitted tbat be bad been…
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Appeal by defendant from Ferguson, J., at Fall Term, 1913, of G-kaiiam. Tbi§ action is to recover money alleged to be due on certain logging contracts. • Tbe plaintiff offered evidence tending to prove*tbat be logged. 92,437 feet at $3.55 per 1,000 feet; tbat bis contract was tbat be was to bave 75 per cent of tbe money wben bis logs were cut and skidded by tbe side of tbe railroad track, and was to bave thé other 25 per cent wben loaded on cars; be admitted tbat be bad been paid tbe 75 per cent on tbe 92,437 feet, but contended tbat tbey bad beld back $82.03, or 25 per cent, and as tbe logs…
1Per curiam
The natural interpretation of the evidence of the plaintiff as to the declaration of the agent of the defendant is that the declaration was made while the agent was engaged in the work- of scalinglogs for the defendant, for the purpose of ascertaining the true measurement, and so understood, is competent.
The rule as to the admissibility of such evidence is stated in Gazzam v. Insurance Co., 155 N. C., 340, to be that, “The competency of the declarations of an agent of a corporation rests upon the same principle as the declarations of an agent of an individual. If they are narrative of a past…
2Cases cited4 opinions
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Gazzam v. German Union Fire InsuranceSupreme Court of North Carolina · 1911
- Darlington v. Western Union Telegraph Co.Supreme Court of North Carolina · 1900
3Cited by2 opinions
- Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Robertson v. Plymouth Lumber Co.Supreme Court of North Carolina · 1914