Swift & Co. v. New Bern Produce Co.
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at Spring Term, 1920, of Pas-QUOTANK. This case was. heard on the exceptions to the report of a referee, -by Bond, J., at Spring Term, 1920, of Pasquotank. The court sustained all the findings of fact to which the defendants did not except, but they excepted to his overruling certain exceptions as to the law, and appealed from the judgment.
1Opinion of the Court
CíaeK, O. J.
On 27 November, 1916, tbe plaintiff and the defendant companies entered into two contracts. By exhibit “A” the plaintiff appointed the defendant company “its agent to sell fertilizer on a commission of $1 per ton for actual deliveries.” Under this contract the fertilizer was not delivered to the defendant company, bnt was shipped direct to parties whose names were sent in by the defendant company to the plaintiff. Some of these parties had sent in estimates of the amount of fertilizer they would require, and made written agreements with the defendant for that amount, but four of…
2Cases cited1 opinion
- M. P. Hubbard & Co. v. GoodwinSupreme Court of North Carolina · 1918
3Cited by4 opinions
- Federal Reserve Bank Ex Rel. American Surety Co. v. Atlanta Trust Co.Court of Appeals for the Fifth Circuit · 1937
- Daly v. Chapman Manufacturing Co.Massachusetts Supreme Judicial Court · 1923
- McEachern v. WilsonSupreme Court of South Carolina · 1930
- McEachern v. WilsonSupreme Court of South Carolina · 1930