Lance v. Butler.
Supreme Court of North Carolina
ActxoN by E. A. Lance against G. W. Butler, beard by Judge E. B. Jones and a jury, at December Term, 1903, of the Superior Court of Buncokbe County. The plaintiff entered into the following contract with Hunter & Lance: Nobti-t Caeolina — Buncombe County.
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ActxoN by E. A. Lance against G. W. Butler, beard by Judge E. B. Jones and a jury, at December Term, 1903, of the Superior Court of Buncokbe County. The plaintiff entered into the following contract with Hunter & Lance: Nobti-t Caeolina — Buncombe County. “This instrument of writing, witnesseth, that I have this day and with these presents do hereby consign to Z. T. Hunter and M. E. Lance, partners trading and doing business at Mills River, North Carolina, in Henderson County, under the firm name and style of Hunter & Lance, a certain stock of goods, wares, merchandise, books, accounts,…
1Opinion of the CourtClark, C. J.
Tbe real controversy is upon the second exception, that the contract above set out, by which the plaintiff consigned the stock of goods, etc., to Hunter & Lance, was a conditional sale, and therefore invalid as to the defendant under The Code, section 1215, because not registered. In a conditional sale the transfer of title to purchaser or retention of it by him depends upon the performance of some condition. 6 Am. & Eng. Ency. (2 Ed.), 437. Here the title to the goods was not passed to Hunter & Lance, but they were merely agents to sell the goods, remitting proceeds to-plaintiff. They were…
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