Legal Opinion

Parker v. Brown.

Supreme Court of North Carolina

Decided November 11, 1902PublishedCited by 4 opinions

ActioN by S. W. Parker and L. R. Hunt against J. S. Brown, heard by Judge T. A. McNeill, at April Term, 1902, of the Superior Court- of G-banville County. Erom a judgment of nonsuit, the plaintiffs appealed.

1Opinion of the CourtCook, J.

The bare representations or declarations made by Spencer, the contractor, to plaintiffs that he was buying the lumber for defendant, were not competent to prove agency for that purpose; Jennings v. Hinton, 128 N. C., 214; Summerrow v. Baruch, Ibid., 202; People v. Dye, 75 Cal., 108; Hubback v. Ross, 96 Cal., 426; Bergtholdt v. Porter, 114 Cal., at page 689; and were therefore properly excluded. So, the second,, third, fourth and fifth exceptions can not be sustained. Spencer was a contractor, and had contracted to repair and remodel defendant’s dwelling house for a lump sum, $1,383.50, and to…

2Cases cited3 opinions

  1. People v. DyeCalifornia Supreme Court · 1888
  2. Hubback v. RossCalifornia Supreme Court · 1892
  3. Jennings v. Hinton.Supreme Court of North Carolina · 1901

3Cited by4 opinions

  1. Ballard v. BallardSupreme Court of North Carolina · 1949
  2. Creasman v. FIRST FEDERAL SAVINGS & LOAN ASS'NSupreme Court of North Carolina · 1971
  3. Wiles v. MullinaxSupreme Court of North Carolina · 1969
  4. Wiles v. MullinaxSupreme Court of North Carolina · 1969

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