Machine Co. v. . Tobacco Co.
Supreme Court of North Carolina
ActioN by Winston Cigarette Machine Co. against Wells-Whitehead Tobacco Co., heard by Judge E. B. Jones and a jury, at the December Term, 1905, of the Superior Court of Eobsyth.
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ActioN by Winston Cigarette Machine Co. against Wells-Whitehead Tobacco Co., heard by Judge E. B. Jones and a jury, at the December Term, 1905, of the Superior Court of Eobsyth. In August, 1903, the defendant, being a manufacturer of cigarettes and desiring to advertise its brand, contracted with the plaintiff, who is the manufacturer of the Briggs cigarette machine, that if the plaintiff would furnish one of its machines well equipped for the purpose, the defendant would operate and exhibit it at the St. Louis Exposition in 190é. The plaintiff alleged that it performed the contract on its…
1Opinion of the Court
WalKER, J.,
after stating the case: There is no serious objection made by the defendant to the rulings and charge of the court upon the first, second and third issues and, after a careful perusal of the charge and an examination of the rulings of the court, so far as they bear upon those' issues, we are satisfied that no exception can well be taken thereto. The defendant frankly and fully placed its right to the favorable consideration of this court upon its exception to that part of the charge which relates to the fourth issue and around this single question the contention of the parties was…
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