Brown Carriage Co. v. Dowd
Supreme Court of North Carolina
Appeal from JE. B. Jones, J., at the May Term, 1910, of MECKLENBURG. The plaintiff appointed James G. Dowd as their agent at Birmingham, Ala., for the sale of their vehicles, under a contract dated 14 January, 1907 (Exhibit A), by which it was provided that the agent should pay all freight and storage charges and taxes, insure tbe property in tbe name and for tbe benefit of tbe plaintiff, and sell tbe vehicles, in tbe usual course of business, to bona fide customers, for…
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Appeal from JE. B. Jones, J., at the May Term, 1910, of MECKLENBURG. The plaintiff appointed James G. Dowd as their agent at Birmingham, Ala., for the sale of their vehicles, under a contract dated 14 January, 1907 (Exhibit A), by which it was provided that the agent should pay all freight and storage charges and taxes, insure tbe property in tbe name and for tbe benefit of tbe plaintiff, and sell tbe vehicles, in tbe usual course of business, to bona fide customers, for cash, at not less than tbe consigned invoice value of tbe same. It further provides as follows: “(5) Said agent shall sign…
1Opinion of the Court
Walker, J.,
after stating the case. The vital question in this case arises out of the somewhat vague wording of a clause of the contract between the plaintiff and James Gr. Dowd, who was appointed agent at Birmingham, Ala., to sell its vehicles. The material parts of the contract are generally expressed with sufficient clearness to be easily understood, but the last clause in the seventh section is given different constructions by the respective parties. The original notes and the successive renewals thereof, except the last, were undoubtedly for the accommodation of the plaintiff, and if the…
2Cases cited13 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Knighton v. CurrySupreme Court of Alabama · 1878
- Hill v. John P. King Manufacturing Co.Supreme Court of Georgia · 1887
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Cullum v. EmanuelSupreme Court of Alabama · 1840
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Guilford Lumber Manufacturing Co. v. HolladaySupreme Court of North Carolina · 1919
- Commercial Casualty Insurance v. Durham CountySupreme Court of North Carolina · 1925
- McArthur Bros. Mercantile Co. v. HagiharaArizona Supreme Court · 1921
- Godwin v. . BankSupreme Court of North Carolina · 1907
- Hipps v. Southern Railway Co.Supreme Court of North Carolina · 1919
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