Metzger Bros. v. Whitehurst
Supreme Court of North Carolina
ActxoN tried before Neal, J., and a jury, at October Term, 1907, of EdgeooMbe. Plaintiffs sue to recover the price of goods alleged to have been sold and delivered. Defendant denies that he purchased the goods or is in any way liable for them. The testimony tended to show that defendant applied for and obtained from the county commissioners, January, 1906, and July, 1906, license to sell spirituous liquors at Conetoe, in Edgecombe County.
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ActxoN tried before Neal, J., and a jury, at October Term, 1907, of EdgeooMbe. Plaintiffs sue to recover the price of goods alleged to have been sold and delivered. Defendant denies that he purchased the goods or is in any way liable for them. The testimony tended to show that defendant applied for and obtained from the county commissioners, January, 1906, and July, 1906, license to sell spirituous liquors at Conetoe, in Edgecombe County. One of the plaintiffs testified that he had sold goods to James, who was in charge of the business from February to October, 1906, and that he paid for…
1Opinion of the Court
CoNNOR, J.,
after stating the case: In view of the uncon-tradicted evidence and the instructions of his Honor, we may infer that the jury found the following facts: Whitehurst was engaged in the business of selling spirituous liquors at Conetoe, in Edgecombe County, prior to 1 January, 1906. He took out license to' continue the business from January to July and from July to 31 December, 1906. The sign over the store had his name upon it. He sold out to James in January, 1906. Plaintiffs sold to James goods from February to 22 October, 1906, not knowing Whitehurst was in the business. Plaintiff…
2Cases cited1 opinion
- L. and E. Miller v. . Land and Lumber Co. of N.C.Supreme Court of North Carolina · 1872
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- Barrow v. . BarrowSupreme Court of North Carolina · 1941
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