Warren v. Littleton Orange Crush Bottling Co.

The only question is whether the evidence construed most favorably for the plaintiff should have been submitted to the jury. The notes referred to in the contract were given for the purchase of property necessary for the prosecution of the defendant’s business, and the contract under consideration was incidental to the business. Reing incidental, if it was authorized and was properly executed the contract is binding on the defendant. Hospital v. Nicholson, 189 N. C., 44.

The corporate seal was not necessary. In Mershon v. Morris, 148 N. C., 48, the Court, after saying that the ancient rule…