Typewriter Co. v. . Hardware Co.
Supreme Court of North Carolina
ActioN by Smith Premier Typewriter Company against Rowan Hardware Company, heard on appeal from a justice of the peace by Judge M. H. Justice at the June Special Term, 1906, of the Superior Court of RowaN. Plaintiff sued on a written order given by defendant to plaintiff for a typewriter at tbe price of $102.50, and dated 28 April, 1905, the trade having been negotiated through one B. W. Allen, who was at the time a traveling salesman and agent of plaintiff.
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ActioN by Smith Premier Typewriter Company against Rowan Hardware Company, heard on appeal from a justice of the peace by Judge M. H. Justice at the June Special Term, 1906, of the Superior Court of RowaN. Plaintiff sued on a written order given by defendant to plaintiff for a typewriter at tbe price of $102.50, and dated 28 April, 1905, the trade having been negotiated through one B. W. Allen, who was at the time a traveling salesman and agent of plaintiff. Defendant admitted having placed this order in writing signed by defendant, and averred by way of defense that at the time the order was…
1Opinion of the Court
IÍOKE, L,
after stating the case: This record and case on appeal disclose no error which gives the plaintiff any just ■ ground for complaint.
Tbe testimony offered by defendant admitting tbe written order to be a part of tbe contract, tended to establish, as an additional feature, a further stipulation resting in parol as to tbe method by which a part of the obligation should be paid. It did not contradict the written paper, but only tended to show that such paper did not contain the entire contract.
It is well established that as between the original parties to an executory agreement such…
2Cases cited3 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Black v. . BayleesSupreme Court of North Carolina · 1882
- Harris v. . DelamarSupreme Court of North Carolina · 1844
3Cited by46 opinions
- Jones v. . CasstevensSupreme Court of North Carolina · 1942
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
- Boone v. . BooneSupreme Court of North Carolina · 1940
- American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
- National Bank v. WinslowSupreme Court of North Carolina · 1927
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