Golden v. . Levy
Supreme Court of North Carolina
1Opinion of the Court
It is a well established rule of law that a sale by a factor creates a contract between the owner and the purchaser. If, however, the purchaser pay the factor for the goods so sold, such payment will protect the purchaser from the demand of the owner, unless the latter had forbidden the former to pay the factor.
But where the purchase pays the owner, in opposition to the wishes and against the order of the factor, such payment will be good, because the owner, being, through the agency of the factor, a party to the contract, and being, moreover, the beneficial proprietor of the goods sold, has…
2Cases cited2 opinions
- Brown v. . MorrisSupreme Court of North Carolina · 1880
- Symington v. . McLinSupreme Court of North Carolina · 1835