Elks v. North State Insurance
Supreme Court of North Carolina
Appeal by plaintiff from Foushee, J,, at tire March Term, 3912, of Pitt. This is an action to -recover damages for breach of an alleged contract to lend the plaintiff $1,000. The plaintiff offered evidence tending to prove that he held a life policy in the defendant company, and that in 1910 he applied to the defendant to lend him $1,000; that he told J. F. Stokes, an agent of the defendant, who had authority to solicit insurance and to collect premiums, but no authority to…
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Appeal by plaintiff from Foushee, J,, at tire March Term, 3912, of Pitt. This is an action to -recover damages for breach of an alleged contract to lend the plaintiff $1,000. The plaintiff offered evidence tending to prove that he held a life policy in the defendant company, and that in 1910 he applied to the defendant to lend him $1,000; that he told J. F. Stokes, an agent of the defendant, who had authority to solicit insurance and to collect premiums, but no authority to make loans or to take applications therefor, that he wanted some money, and that Stokes said he could get some; that…
1Opinion of the CourtAllen, J.
This appeal presents one question for our decision, and that is, whether the evidence introduced by the plaintiff, construed most favorably for him, establishes a contract between him and the defendant.
Before considering the evidence, it is well to have in mind some of the elements that enter into a valid contract, so that we may see if the plaintiff has met the requirements of the law.
*624It is elementary that it is necessary that the’minds of the parties meet upon a definite proposition. “There is no contract unless the parties thereto assent, and they must assent' to the same thing, in the…
2Cases cited6 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Beaupré v. Pacific & Atlantic Telegraph Co.Supreme Court of Minnesota · 1874
- Rankin v. Mitchem.Supreme Court of North Carolina · 1906
- Tanning Co. v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Cheney Bigelow Wire Works v. SorrellMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Croom v. . Lumber Co.Supreme Court of North Carolina · 1921
- Croom v. Goldsboro Lumber Co.Supreme Court of North Carolina · 1921
- Richardson v. Greensboro Warehouse & Storage Co.Supreme Court of North Carolina · 1943
- Blair v. DickinsonWest Virginia Supreme Court · 1949
- Wade v. . LutterlohSupreme Court of North Carolina · 1928
8 more not listed; retrieve them via the Exa API.