Legal Opinion

Ferguson v. Davis & Rankin Manufacturing Co.

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 13 opinions

Tliis was AN actioN, brought by the plaintiff to recover compensation for services rendered to the defendant, begun before a justice of the peace and heard on appeal before Robinson, J., and a jury, at Fall Term, 1895, of Haywood Superior Court. The plaintiff1 alleged that he was entitled to compensation at the rate of $100 per month and expenses, by reason of a special contract entered into with the defendants by their agent, D. F. Gibbons.

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Tliis was AN actioN, brought by the plaintiff to recover compensation for services rendered to the defendant, begun before a justice of the peace and heard on appeal before Robinson, J., and a jury, at Fall Term, 1895, of Haywood Superior Court. The plaintiff1 alleged that he was entitled to compensation at the rate of $100 per month and expenses, by reason of a special contract entered into with the defendants by their agent, D. F. Gibbons. The defendants resisted the plaintiff’s right to recover on the grounds that the said Gibbons had no authority to employ the plaintiff, N. N. Ferguson.…

1Opinion of the Court

Montgomery, J.:

The plaintiff brought this action to recover an amount which he alleges the defendants owe him for services rendered to them in aiding them to establish, and in establishing, creameries in North Carolina. The defendants deny that they ever employed the plaintiff for any purpose, or owe him anything. The plaintiff alleges that he made his contract with one Gibbons, who represented himself to be the special agent of the defendant. On the trial the defendants, as witnesses for themselves in their depositions, stated that Gibbons was their agent to canvass for subscriptions of…

2Cases cited1 opinion

  1. Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883

3Cited by13 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 1947
  2. Wynn v. GrantSupreme Court of North Carolina · 1914
  3. Bank v. Hay.Supreme Court of North Carolina · 1906
  4. Wynn v. . GrantSupreme Court of North Carolina · 1914
  5. Bank v. . McEwenSupreme Court of North Carolina · 1912

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