Royal Furniture Co. v. Wichita Furniture Co.
Supreme Court of North Carolina
Appeal by defendant from Harding, Jat tbe May Term, 1920, of Caldwell. This is an Action to recover $324 alleged to be due by contract.
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Appeal by defendant from Harding, Jat tbe May Term, 1920, of Caldwell. This is an Action to recover $324 alleged to be due by contract. Tbe defendant, a foreign corporation, entered a special appearance, and moved to dismiss upon tbe ground tbat H. T. Leslie was not a managing agent of defendant, and upon tbe bearing of tbe motion tbe following facts were found and tbe following order made: “1. A summons was issued herein on 27 August, 1919, wbicb was served by tbe sheriff of Caldwell County on tbat date. Tbe sheriff made return as follows: ‘Served on 27 August, 1919, "by leaving a copy of…
1Opinion of the Court
AxxobN, J. ■
Leslie, upon whom tbe summons was served, made tbe contract for tbe defendant on wbicb tbis action rests. He was tbe buying agent of tbe defendant, and as sneb bad to exercise bis discretion and rely on bis own judgment. At tbe time tbe summons was served be was in North Carolina, engaged in making contracts for tbe defendant for merchandise, and while here did make such contracts. Tbe letter refusing to pay tbe claim of tbe plaintiff is signed, “The Wichita Wholesale Furniture Company, per H. T. Little.”
These facts fully sustain tbe ruling that Leslie was a managing agent upon…
2Cases cited4 opinions
- Doe v. Springfield Boiler & Mfg. Co.Court of Appeals for the Ninth Circuit · 1900
- Whitehurst v. . KerrSupreme Court of North Carolina · 1910
- United States ex rel. Adler v. HammondCourt of Appeals for the Sixth Circuit · 1900
- Palmer v. Chicago Evening Post Co.New York Supreme Court · 1895
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- McDonald Service Co. v. People's National Bank of Rock HillSupreme Court of North Carolina · 1940
- Williams v. Burroughs Wellcome Co.Court of Appeals of North Carolina · 1980
- Tinker v. . Rice Motors, Inc.Supreme Court of North Carolina · 1929
- Freeman v. HKA Enterprises of South Carolina, LLCDistrict Court, E.D. North Carolina · 2022