Fairbanks, Morse & Co. v. Twin City Supply Co.
Supreme Court of North Carolina
Appeal by defendant from Justice, J., at June Term, 1915, of Rock-INGHAM. Civil action. Tbe four actions were originally brought in a justice’s court on notes given by tbe defendant for a 20-horse-power oil engine No. 132538. Tbe notes were dated 9 June, 1914: one for $150, due 1 August, 1914; another for $128.29, due 1 September, 1914, and two for $100 each, due respectively on 1 October, 1914, and 1 November, 1914, and bearing 6 per cent interest from date.
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Appeal by defendant from Justice, J., at June Term, 1915, of Rock-INGHAM. Civil action. Tbe four actions were originally brought in a justice’s court on notes given by tbe defendant for a 20-horse-power oil engine No. 132538. Tbe notes were dated 9 June, 1914: one for $150, due 1 August, 1914; another for $128.29, due 1 September, 1914, and two for $100 each, due respectively on 1 October, 1914, and 1 November, 1914, and bearing 6 per cent interest from date. All were given under tbe following contract: August 5, 1913. Twin City Supply O'o., Leaksville, N. 0. Items: We hereby propose to…
1Opinion of the Court
Walker, J.,
after stating tbe case; As the presiding judge gave a peremptory instruction in favor of tbe plaintiff, bolding tbat in no view of tbe case could tbe defendant sustain its counterclaim, and excluding tbe evidence from tbe consideration of tbe jury, we need only consider tbe validity of this ruling, and not discuss the question of damages. In tbe view we take of this ease it does not involve tbe question of the authority of an agent to alter tbe terms of a written contract made by bis principal, although it was made through bis agency, whether forbidden by its express terms to do so…
2Cases cited23 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Kester Bros. v. Miller Bros.Supreme Court of North Carolina · 1896
- Dr. Shoop Medicine Co. v. J. A. Mizell & Co.Supreme Court of North Carolina · 1908
- Detwiler v. DownesSupreme Court of Minnesota · 1912
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
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3Cited by10 opinions
- Charleston & Western Carolina Railway Co. v. JoyceSupreme Court of South Carolina · 1957
- Mishoe v. General Motors Acceptance Corp.Supreme Court of South Carolina · 1958
- Sanders v. General Motors Acceptance Corp.Supreme Court of South Carolina · 1936
- Chatfield-Woods Co. v. HarleySupreme Court of South Carolina · 1923
- Three States Coal Co. v. Mollohon Mfg. Co.Supreme Court of South Carolina · 1926
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