Legal Opinion

Schaeffer v. . Stone Co.

Supreme Court of North Carolina

Decided October 24, 1917PublishedCited by 1 opinion

Appeal by defendant from Connor, Jat December Term, 1916, of New HaNOVER. This is an action to recover $1,269.35, alleged to be due by account for goods sold and delivered. The defendant denied that it was indebted to the plaintiff. There was a verdict and judgment for the defendant, and the plaintiff excepted and appealed.

1Per curiam

The first exception is to allowing the following question :

Q. "Was the custom of dealing between you and Schaeffer & Son that goods were to be delivered upon your order, and then the same day, or the second day, they would come and collect for those goods ?

The question was not answered, but was changed in form, so the witness could state the custom of dealing between the plaintiff and the defendant, which he did, fully, to which no exception was taken.

The second exception is to permitting the witness, Stone, who was president of the defendant company and had active charge and management of…

2Cited by1 opinion

  1. Malleable Iron Range Co. v. CaffeyCourt of Appeals of Georgia · 1941

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