Southern Grocery Co. v. Davis
Supreme Court of North Carolina
ActioN by the Southern Grocery Company against J. P. Davis, heard by Judge O. H. Allen and a jury, at December (Special) Term, 1902, of the Superior Court of Franklin County. From a judgment vacating the arrest and bail, the plaintiff appealed.
1Opinion of the CourtClark, C. J.
This was an action begun before a justice of the peace to recover $56.13 with interest, alleged to be balance due plaintiff for goods consigned to' defendant, with ancillary proceedings in arrest and bail. The defendant agreed to sell goods to be consigned to him from time to time by plaintiff, title to the same to remain in the plaintiff, and turn over to it the proceeds at the invoice price, and on a settlement return to the plaintiff all such goods as remained on band unsold. There was no stipulation shown as to the price at which the defendant should sell. It was in evidence that the…
2Cases cited4 opinions
- Gossler v. . WoodSupreme Court of North Carolina · 1897
- Travers v. . DeatonSupreme Court of North Carolina · 1890
- Boykin, Parmer & Co. v. W. J. Maddrey & SonSupreme Court of North Carolina · 1894
- Durham Fertilizer Co. v. L. M. Little & Co.Supreme Court of North Carolina · 1896
3Cited by2 opinions
- Boykin v. . MaddreySupreme Court of North Carolina · 1894
- Cooper Guano Co. v. SoutherlandSupreme Court of North Carolina · 1918