Withers v. R. A. Poe & Co.
Supreme Court of North Carolina
Appeal by plaintiff from Shaw, J., at October Term, 1914, of Mece:-LENBURG. Civil action, heal’d on appeal from a justice’s court. The action was to recover $191.06, with interest from 22 April, 1913, for goods and ■ building material sold by plaintiff to defendant. Defendant denied liability and pleaded statute of frauds, want of valuable consideration, etc.
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Appeal by plaintiff from Shaw, J., at October Term, 1914, of Mece:-LENBURG. Civil action, heal’d on appeal from a justice’s court. The action was to recover $191.06, with interest from 22 April, 1913, for goods and ■ building material sold by plaintiff to defendant. Defendant denied liability and pleaded statute of frauds, want of valuable consideration, etc. On the bearing there was evidence offered tending to show that plaintiff bad sold building material to said amount to defendant company and bad not been paid tberefor; that at the date of the execution of the contract of indebtedness E.…
1Opinion of the Court
IIoke, J\,
after stating the facts: In Supply Co. v. Lumber Co., 160 N. C., 428, it was held that “the beneficiaries of a contract can ordinarily recover, though not named therein, when it appears by express stipulation or reasonable intendment 'that their rights and interests were contemplated and being provided for.” The ruling was intended as an interpretation of several of the later decisions in which the principle was announced and sustained, notably, Gastonia v. Engineering Co., 131 N. C., 363; Shoaf v. Ins. Co., 127 N. C., 308, and Gorrell v. Water Co., 124 N. C., 328, and where the…
2Cases cited6 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Orinoco Supply Co. v. Shaw Bros. LumberSupreme Court of North Carolina · 1912
- Shoaf v. Palatine InsuranceSupreme Court of North Carolina · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Federal Land Bank of Columbia v. Atlas Assurance Co.Supreme Court of North Carolina · 1924
- Pittsburgh Plate Glass Co. v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1927
- Rector v. . LydaSupreme Court of North Carolina · 1920
- Irvin v. . HarrisSupreme Court of North Carolina · 1921
- Dixon v. . HorneSupreme Court of North Carolina · 1920
6 more not listed; retrieve them via the Exa API.