Cable Piano Co. v. Strickland
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at February Term, 1913, of SAMPSON. This is an action to recover possession of a piano.
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Appeal by plaintiff from Lyon, J., at February Term, 1913, of SAMPSON. This is an action to recover possession of a piano. Defendant ádmitted his signature to the contract of sale, which retained title to the piano until the purchase price was paid in full, but aver tbat plaintiff’s selling agent, S. A. Kell, agreed with him at the time of the sale tbat if tbe piano came up to Kell’s representations, and Strickland gave bim a letter of recommendation, tbat he would credit the note with $50 when it became due. Defendant paid the balance except $50 due at the time of the payment, and tendered…
1Opinion of the CourtAllen, J.
The agent from whom the defendant bought the piano was not a general agent of the plaintiff, and the burden-was, therefore, on the defendant to prove that he had authority to waive the provisions of the written contract.
It was so held in Machine Co. v. Hill, 136 N. C., 128, and in Medicine Co. v. Mizzell, 148 N. C., 387.
In the first of these cases 'the plaintiff was suing upon a contract for the sale of sewing machines, which contained the provision: “It is understood that no claim or any understanding or agreement of any nature whatsoever between this company and its dealers will be…
2Cases cited6 opinions
- S. F. Bowser & Co. v. TarrySupreme Court of North Carolina · 1911
- Woodson v. BeckSupreme Court of North Carolina · 1909
- Dr. Shoop Medicine Co. v. J. A. Mizell & Co.Supreme Court of North Carolina · 1908
- MacHine Co. v. Hill.Supreme Court of North Carolina · 1904
- Briggs v. Life Insurance Co.Supreme Court of North Carolina · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- J. A. Fay & Egan Co. v. CrowellSupreme Court of North Carolina · 1922
- Briggs v. . Insurance Co.Supreme Court of North Carolina · 1911