Curtis v. Piedmont Lumber & Mining Co.
Supreme Court of North Carolina
Civil actioN, tried before Byitum, J., at Fall Term, 1891, of McDowell Superior Court. The plaintiff alleges in his complaint that he contracted with the defendant at a time specified to deliver to it at a place designated a certain number of poplar logs containing and aggregating 90,000 feet at the price of $12 per thousand feet, making the sum of $1,530; that he delivered the logs at the place specified and notified the defendant that he had done so; that the latter…
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Civil actioN, tried before Byitum, J., at Fall Term, 1891, of McDowell Superior Court. The plaintiff alleges in his complaint that he contracted with the defendant at a time specified to deliver to it at a place designated a certain number of poplar logs containing and aggregating 90,000 feet at the price of $12 per thousand feet, making the sum of $1,530; that he delivered the logs at the place specified and notified the defendant that he had done so; that the latter refused to receive the same, without lawful excuse; that the logs became injured by exposure to the weather; that at last he…
1Opinion of the Court
MekrimoN, C. J.:
The statute (The Code, §683; Acts 1871-72, ch. 199, § 23) prescribes, that “Every contract of every corporation, by which a liability may be incurred by the company exceeding one hundred dollars, shall be in writing, and either under the common seal of the corporation or signed by some officer of the company authorized thereto.” This provision is important and not merely directory. Its purpose is to protect corporations against the hasty or fraudulent acts and practices of their incautious or faithless officers and agents, and as well those persons who deal with them in…
2Cases cited9 opinions
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- Long v. . JarrattSupreme Court of North Carolina · 1886
- A. M. Sloan & Co. v. McDowellSupreme Court of North Carolina · 1876
- Blackwell v. Dibbrell Bros. & Co.Supreme Court of North Carolina · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
- S. B. Luttrell & Co. v. MartinSupreme Court of North Carolina · 1893
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Walker v. VandiverTennessee Supreme Court · 1915
16 more not listed; retrieve them via the Exa API.