Miller v. . Howell
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, J., at tbe Fall Term, 1922, of NORTHAMPTON. Tbe action is on a promissory note for $843.78, given by defendant to tbe Guarantee Food Company of New York, vendor, dated 3 December, 1917, payable sixty days after date.
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Appeal by plaintiff from Calvert, J., at tbe Fall Term, 1922, of NORTHAMPTON. Tbe action is on a promissory note for $843.78, given by defendant to tbe Guarantee Food Company of New York, vendor, dated 3 December, 1917, payable sixty days after date. Plaintiff put on evidence tbe note endorsed to bimself, and also a contemporaneous written contract of purchase containing tbe stipulation tbat defendant agreed to adhere strictly and be bound by the terms and conditions specified in tbe order, and release tbe Guarantee Food Company of New York from any verbal agreements or conditions of sale not…
1Opinion of the CourtHoee, J.
There are various exceptions noted by the appellant, more •especially as to the determination of the second issue, that as to the procurement of the contract by fraud, the objections being chiefly to the admission and consideration of evidence in contravention of the written stipulations of the contract that defendant “would adhere and be strictly bound by its-terms, and releasing the vendor from any verbal agreements or conditions not mentioned on the face of the order.”
As pointed out in some of our decisions on the subject, restrictions of this character may be made effective where they…
2Cases cited18 opinions
- Cashin v. PliterMichigan Supreme Court · 1912
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Pangborn v. WestlakeSupreme Court of Iowa · 1873
- Levinson v. BoasCalifornia Supreme Court · 1907
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gore v. George J. Ball, IncorporatedSupreme Court of North Carolina · 1971
- Beck v. HooksSupreme Court of North Carolina · 1940
- Fox v. Southern Appliances, Inc.Supreme Court of North Carolina · 1965
- W. R. Grace & Co. v. StricklandSupreme Court of North Carolina · 1924
- Planters Bank & Trust Co. v. FeltonSupreme Court of North Carolina · 1924
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