Poole v. . Lewis
Supreme Court of North Carolina
Civil Action tried before his Honor Judge Moore, at Spring Term, 1876, of Edgecombe Superior Court. This action was brought to recover the price of a Turbine-Water Wheel and fixtures, the transaction in regard to the purchase of which will appear in the following correspondence, the immaterial portions of the same being omitted: “ Tarboro’, June 13,1873. Messrs. Poole & Hunt, Baltimore, Md.: Gentlemen: — Please send us circular and catalogue of your Turbine wheels.
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Civil Action tried before his Honor Judge Moore, at Spring Term, 1876, of Edgecombe Superior Court. This action was brought to recover the price of a Turbine-Water Wheel and fixtures, the transaction in regard to the purchase of which will appear in the following correspondence, the immaterial portions of the same being omitted: “ Tarboro’, June 13,1873. Messrs. Poole & Hunt, Baltimore, Md.: Gentlemen: — Please send us circular and catalogue of your Turbine wheels. Also send list of discount to the trade. We especially want information as to the best size Turbine water wheel to drive a pair…
1Opinion of the CourtPearson, C. J.
When one member of a firm buys goods for the firm on his own credit, which goods are received and used by the firm, without disclosing the fact that he is a member of the firm, the vendor has a right to hold the firm liable, on the ground that he who gets and uses goods ought to pay for them. This proposition is sustained by the cases, and is so consonant to every principle of fair play and common honesty as not to require the authority of cases to support it. If a vendor sells goods to a firm, and chooses to take the obligation of the purchasing parties, and waives his right to hold the firm…
2Cited by3 opinions
- Thornton v. . LambethSupreme Court of North Carolina · 1889
- Doerr, Admr. v. Hibben, Hollweg Co.Indiana Court of Appeals · 1926
- Pepper v. . HarrisSupreme Court of North Carolina · 1878