Pratt v. Chaffin.
Supreme Court of North Carolina
ActioN by Walter Pratt & Company against G. W. Chaf-fin & Company, beard by Judge W. B. Allen and a jury, at Spring Term, 1904, of the Superior Court of StoKes County. The plaintiffs sued the defendants upon an account for goods sold and delivered pursuant to a printed order of October 16, 1903, to which the firm name was signed by one of the copartners.
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ActioN by Walter Pratt & Company against G. W. Chaf-fin & Company, beard by Judge W. B. Allen and a jury, at Spring Term, 1904, of the Superior Court of StoKes County. The plaintiffs sued the defendants upon an account for goods sold and delivered pursuant to a printed order of October 16, 1903, to which the firm name was signed by one of the copartners. The defendants admitted the signing and delivery of the order to plaintiffs’ agent, who was their traveling salesman, but alleged that it was signed by the partner of Chaffin upon condition and with the agreement that it should be submitted…
1Opinion of the Court
CoNNOR, J.,
after stating the facts. The exception of the plaintiffs is based upon the theory that the testimony in regard to the agreement, made prior to the signing of the order by defendant Chaffin, tended to contradict or add to the terms of the contract. This is a misconception of the purpose and effect of the testimony. The defendants admitted that the order for the goods was signed as alleged and that it was delivered to plaintiff’s agent, but say that at the time of signing and delivering there was an express agreement that it was not of any binding force or validity unless…
2Cases cited5 opinions
- Ware v. AllenSupreme Court of the United States · 1888
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Kelly v. . OliverSupreme Court of North Carolina · 1893
- Register Co. v. HillSupreme Court of North Carolina · 1904
- MacHine Co. v. Hill.Supreme Court of North Carolina · 1904
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- S. F. Bowser & Co. v. TarrySupreme Court of North Carolina · 1911
- Rousseau v. . CallSupreme Court of North Carolina · 1915
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