Legal Opinion

Brittain v. Westhall

Supreme Court of North Carolina

Decided May 24, 1904PublishedCited by 32 opinions

ActioN by D. M. Brittain against W. IT. Westhall, heard by Judge W. H. Neal and a jury, at February Term,, 1904, of the Superior Court of Catawba County. Erom a judgment for the defendant the plaintiff appealed.

1Opinion of the CourtWalker, J.

The plaintiff brought this action before a justice of the peace to recover the sum of $182, the balance claimed to be due for lumber sold and delivered to the defendant through one J. A. Townsend, who, the plaintiff alleged, was the agent of defendant to buy the lumber, but this» allegation was denied by the defendant, and he also denied *493that be i= indebted to the plaintiff in any amount. The justice gave judgment for the plaintiff and the defendant appealed, and the Superior Court, after hearing the evidence, nonsuited the plaintiff on motion of the defendant and the latter excepted and…

2Cases cited5 opinions

  1. Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
  2. Hopkins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
  3. L. and E. Miller v. . Land and Lumber Co. of N.C.Supreme Court of North Carolina · 1872
  4. Brown v. . SmithSupreme Court of North Carolina · 1872
  5. Patton v. . BrittainSupreme Court of North Carolina · 1848

3Cited by32 opinions

  1. Boddie v. BondSupreme Court of North Carolina · 1911
  2. Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
  3. Wynn v. GrantSupreme Court of North Carolina · 1914
  4. Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
  5. Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915

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