Legal Opinion

Peaseley v. VIRGINIA IRON, COAL AND COKE COMPANY

Supreme Court of North Carolina

Decided February 2, 1973No. 89PublishedCited by 38 opinions

1Opinion of the Court

MOORE, Justice.

The Court of Appeals by its decision on the second appeal affirmed the judgment of the Superior Court, which held the defendant liable for unpaid commissions on sales subsequent to Peaseley’s death and prior to the termination of the June 1963 contract. Plaintiff contends that when the Court of Appeals so held and this Court refused to allow certiorari that issue was definitively settled and became the law of the case.

In Hayes v. Wilmington, 243 N.C. 525, 91 S.E. 2d 673 (1956), this Court said:

“ . . . (I)t may be conceded that as a general rule when an appellate court passes on…

2Cases cited35 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
  3. Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
  4. State v. WilliamsSupreme Court of North Carolina · 1968
  5. Mercer v. TheriotSupreme Court of the United States · 1964

30 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Ross v. MoffittSupreme Court of the United States · 1974
  2. Tridyn Industries, Inc. v. American Mutual InsuranceSupreme Court of North Carolina · 1979
  3. Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1977
  4. State v. MosleyWisconsin Supreme Court · 1981
  5. Carver v. CarverSupreme Court of North Carolina · 1984

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API