Legal Opinion

Powell v. King Lumber Co.

Supreme Court of North Carolina

Decided April 14, 1915PublishedCited by 6 opinions

Appeal by defendants from Whedbee, J., at October Term, 1914, of Wake. Civil action to recover $428.58, balance due for material furnished for plastering work on T. M. O. A. building in Raleigb.

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Appeal by defendants from Whedbee, J., at October Term, 1914, of Wake. Civil action to recover $428.58, balance due for material furnished for plastering work on T. M. O. A. building in Raleigb. It was proved that, in 1912, the Y. M. O. A. of the city of Raleigh had contracted with defendant the King Lumber Company for the erection of its building in the city of Raleigh, and that the said company had sublet the plastering to defendants Chisholm & Clark, and that the agreement between the King Lumber Company and Chisholm & Clark in form constituted these last subcontractors for this portion of…

1Opinion of the CourtHoke, J.

It was chiefly objected to tbe validity of the verdict that there were no facts in evidence tending to show authority on the part of J. R. Wood to bind the defendant company to payment of plaintiff’s claim; but, on the record, we are of opinion that the position cannot be maintained. A general agent is said to be one who is authorized to act for his principal in all matters concerning a particular business or employment of a particular nature. .Tiffany on Agency, p. 191. And it is the recognized rule that such an agent may usually bind his principal as to all acts within the scope of his…

2Cases cited12 opinions

  1. Daniel v. RailroadSupreme Court of North Carolina · 1904
  2. International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
  3. Bank v. Hay.Supreme Court of North Carolina · 1906
  4. Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
  5. Peele v. PowellSupreme Court of North Carolina · 1911

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3Cited by6 opinions

  1. Morpul Research Corp. v. Westover Hardware, Inc.Supreme Court of North Carolina · 1965
  2. Carolina Building Services' Windows & Doors, Inc. v. Boardwalk, LLCSupreme Court of North Carolina · 2008
  3. Carolina Building Services' Windows & Doors, Inc. v. Boardwalk, LLCSupreme Court of North Carolina · 2008
  4. Dillingham v. EbySupreme Court of Oklahoma · 1945
  5. Hogue v. CruzCourt of Appeals of North Carolina · 2018

1 more not listed; retrieve them via the Exa API.

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