Basnight v. American Manufacturing Co.
Supreme Court of North Carolina
Civil ACTION, tried before Stacy, J., and a jury, at March Term, 1917, of Pitt. Service of process baying been obtained as to defendant, tbe surety company, tbe issue of liability was determined only as to said surety. At tbe close of plaintiff’s testimony, on motion, there was judgment of nonsuit, and plaintiff, baying duly excepted, appealed.
1Opinion of the CourtHoke, J.
There was allegation, with evidence on tbe part of plaintiff tending to show that in 1912 tbe plaintiff, owning a pharmacy business in Greenville, N. 0., entered into a contract with tbe American Manufacturing Company, whereby tbe latter, in consideration of tbe sum of $1,800, three-fourths of which bad been paid, agreed to procure an increase in plaintiff’s business of $20,000 within twelve months from date, or to pay plaintiff 9 per cent on any sum that said increase should fall short of the stipulated amount; that this increase was to be brought about by means of an extensive advertising…
2Cases cited4 opinions
- Brown v. First National BankIndiana Supreme Court · 1894
- McCanna & Fraser Co. v. Citizens' Trust & Surety Co. of PhiladelphiaCourt of Appeals for the Third Circuit · 1896
- Brevard Manufacturing Co. v. W. Benjamin & SonsSupreme Court of North Carolina · 1916
- County of Keith v. Ogalalla Power & Irrigation Co.Nebraska Supreme Court · 1902
3Cited by6 opinions
- Cohen v. MAYFLOWER COPR.Supreme Court of Virginia · 1955
- Tomberlin v. . BachtelSupreme Court of North Carolina · 1937
- Colonial Acceptance Corp. v. Northeastern Printcrafters, Inc.Court of Appeals of North Carolina · 1985
- Glens Falls Insurance v. Wright Contracting Co.District Court, D. Maryland · 1965
- Skipper v. . HargroveSuperior Court of North Carolina · 1791
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