Acme Manufacturing Co. v. McQueen

Stacy, O. J.

It will be observed from the verdict that the first and third issues were answered by consent, leaving only the second issue to be determined by the jury. This issue imports liability to arrest. Coble v. Medley, 186 N. C., 479.

Early in 1915 the plaintiff entered into a contract with the partnership firm of Tatum & McQueen, under the terms of which the said firm became the agent of the plaintiff for the sale of certain fertilizers. The defendant, Peter McQueen, is the surviving partner of said firm; the other partner, O. J. Tatum, having died prior to the institution of this suit.…