Gilbraith & Co. v. L. Lineberger & Co.
Supreme Court of North Carolina
This was a civil action to recover the balance of an account, tried before Logan, J., at the last Term of the Superior Court of Gaston county, where the defendants obtained a verdict and judgment, and the plaintiffs appealed. The facts necpssary to a proper understanding of the questions decided, sufficiently appear in the opinion of the Court.
1Opinion of the CourtPearson, C. J.
The plaintiffs were entitled to the first instruction asked for. Having “ Lineberger & Co.” over his store door was some evidence that Fleming was the agent of the defendants to sell their cotton yarn and sheeting, and that fact together with the fact that Mason, an avowed agent of the defendant, from time to time delivered cotton yarn and sheeting to Fleming by the wagon load, and received from him return loads of bacon, lard and other country produce, that this country produce was procured by Fleming as the agent, and in the name of the defendants, and that one of the defendants had visited…
2Cited by4 opinions
- Investment Properties of Asheville, Inc. v. AllenSupreme Court of North Carolina · 1972
- Huntley v. . MathiasSupreme Court of North Carolina · 1884
- Steelsmith v. Union Pacific Railway Co.Court of Appeals of Kansas · 1895
- Investment Properties of Asheville, Inc. v. AllenSupreme Court of North Carolina · 1972