McEwen v. . Loucheim
Supreme Court of North Carolina
Civil action, tried before Allen, J., at Fall Term, 1894, of Ashe Superior Court, upon exceptions to a referee’s report, which is as follows: “I find from the evidence that the plaintiff entered the service of the defendant as his salesman in 1889, and quit his service in 1892. That according to the contract-between them he was to sell the defendant’s goods in certain counties in North Carolina, Tennessee and Virginia.
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Civil action, tried before Allen, J., at Fall Term, 1894, of Ashe Superior Court, upon exceptions to a referee’s report, which is as follows: “I find from the evidence that the plaintiff entered the service of the defendant as his salesman in 1889, and quit his service in 1892. That according to the contract-between them he was to sell the defendant’s goods in certain counties in North Carolina, Tennessee and Virginia. That he was to receive for all sales which the defendant approved and shipped the goods to the parties the plaintiff had sold to, ten per cent, on all bills so approved and the…
1Opinion of the Court
Clark, J.:
The Judge having made no specific findings of fact, he is presumed to have adopted those of the referee. Battle v. Mayo, 102 N. C., 413. The plaintiff sued for commissions on the bill of goods sold to Carroll & Co. While this was disallowed because the sale was made in territory not embraced in the contract, it being found as a fact that the trip to make the sale was made at the request of the defendant, the referee properly allowed the plaintiff his expenses and reasonable compensation for his time. Stokes v. Taylor, 104 N. C., 394. There was no error in allowing the commissions on…
2Cases cited3 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Battle v. MayoSupreme Court of North Carolina · 1889
- Harper v. . Dail Bro.Supreme Court of North Carolina · 1885
3Cited by6 opinions
- Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898
- Ramsey v. Browder.Supreme Court of North Carolina · 1904
- Smith v. . SmithSupreme Court of North Carolina · 1898
- Davis v. . DavisSupreme Court of North Carolina · 1922
- Foushee v. . BeckwithSupreme Court of North Carolina · 1896
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