Roberts v. P. A. Deming Woodworking Co.
Supreme Court of North Carolina
. This was a civil action, tried at the August Term, 1892, of Buncombe Superior Court, before Bynum, J., for the value of work and labor done for the defendant corporation. The defendant denied the debt, and resisted payment upon the further ground that the contract was not in writing under seal of the corporation, nor signed by any authorized officer thereof, and therefore void under section 683 of The Code.
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. This was a civil action, tried at the August Term, 1892, of Buncombe Superior Court, before Bynum, J., for the value of work and labor done for the defendant corporation. The defendant denied the debt, and resisted payment upon the further ground that the contract was not in writing under seal of the corporation, nor signed by any authorized officer thereof, and therefore void under section 683 of The Code. When the plaintiff rested his case, the Court intimated he could not recover on his own showing, the contract being above $100, was not according to the formalities prescribed by The…
1Opinion of the Court
Clabk, J.:
The Court ruled that the plaintiff could not ’recover in any aspect of the evidence, because the contract of the defendant company was not “in writing and under the' seal of the corporation, or signed by some officer of the company duly authorized,” as required by The Code, § 683. That section and its purport was construed in Curtis v. Piedmont Company, 109 N. C., 401. It is there held that it applies to exec-utory contracts and protects corp nations from enforcement of such unless evidenced in the manner prescribed by the statute. But the Court adds that it does not apply to cases…
2Cases cited3 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- Fulps v. . MockSupreme Court of North Carolina · 1891
3Cited by7 opinions
- Coley v. . DalrympleSupreme Court of North Carolina · 1945
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- S. B. Luttrell & Co. v. MartinSupreme Court of North Carolina · 1893
- Luttrell v. . MartinSupreme Court of North Carolina · 1893
- Friedenwald Co. v. Asheville Tobacco WorksSupreme Court of North Carolina · 1895
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