Brittain v. Westall.
Supreme Court of North Carolina
AotioN by D. M. Brittain against W. PI. Westall, heard by Judge Thomas A. McNeill and a jury, at July Term, 1904, of the Superior Court of Catawba County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtWalker, J.
This case was before us at the last term upon an appeal by the plaintiff from a judgment of nonsuit, which the Court rendered on motion of the defendant at the close of the testimony. 135 N. C., 492. We then held there was some evidence that Townsend was the agent of Westall to buy the lumber for him, and although it was a restricted agency and Townsend could only buy for cash, yet if Townsend bought lumber from the plaintiff on Westalls credit and the latter received and appropriated it to his own use, knowing at the time it had been so bought, he would be liable for its value. In order that…
2Cases cited11 opinions
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Proctor v. TowsIllinois Supreme Court · 1885
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
- Jaques v. ToddNew York Supreme Court · 1829
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3Cited by14 opinions
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- Pinnix v. GriffinSupreme Court of North Carolina · 1941
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- Pinnix v. . GriffinSupreme Court of North Carolina · 1941
- Salmon v. . PearceSupreme Court of North Carolina · 1943
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