Broaddus Edwards v. . Evans
Supreme Court of North Carolina
Assumpsit, tried before Jones, J., at Pitt, Spring Term 1869. The plaintiffs declared as partners, for the price of certain lumber by them delivered to the defendant. It appeared upon the trial that the plaintiff Edwards, before he became a member of the firm, had contracted to ■deliver a quantity of lumber to the defendant, in payment of .a debt due him.
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Assumpsit, tried before Jones, J., at Pitt, Spring Term 1869. The plaintiffs declared as partners, for the price of certain lumber by them delivered to the defendant. It appeared upon the trial that the plaintiff Edwards, before he became a member of the firm, had contracted to ■deliver a quantity of lumber to the defendant, in payment of .a debt due him. The lumber was being sawed at the mill then belonging to the plaintiff Broaddus, and before it was ■entirely delivered the partnership was formed. Broaddus .agreed, at Edwards’ instance, that the mill should continue to furnish lumber as…
1Opinion of the Court
Read®. J.
His Honor instructed the jury that, to entitle the plaintiff to recover there must be “ privity of contract.” That is unquestionably true. He then instructed them that according to the evidence there was no privity. Of course that was an end of the case, and was the same as to say that they must find for the defendant.
In this there was error: for, the fact that the plaintiffs furnished the lumber and the defendant received it, raised an implied promise on the part’ of the defendant to pay the plaintiffs for it.
This implied promise was, however, subject to be controlled by any express…
2Cited by1 opinion
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