Legal Opinion

Patton v. Garrett

Supreme Court of North Carolina

Decided February 15, 1895PublishedCited by 12 opinions

Civil ACTION, tried before Molver, J., and a jury, at Spring Term, 1894, of Buncombe Superior Court. There was a verdict for the plaintiff and from the judgment thereon defendant appealed. On the 13th of January, 1890, C. W. Garrett & Co., and Paul Garrett, the defendant, entered into a contract by which the defendant was to sell for C. W. Garrett & Co., for a commission, their wines and brandies made at their Medoc Yineyards in Halifax County.

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Civil ACTION, tried before Molver, J., and a jury, at Spring Term, 1894, of Buncombe Superior Court. There was a verdict for the plaintiff and from the judgment thereon defendant appealed. On the 13th of January, 1890, C. W. Garrett & Co., and Paul Garrett, the defendant, entered into a contract by which the defendant was to sell for C. W. Garrett & Co., for a commission, their wines and brandies made at their Medoc Yineyards in Halifax County. That afterward, a disagreement having arisen between the parties concerning their rights and interests under the contract, they agreed to submit the…

1Opinion of the CourtMoNtgombey, J.

(after stating the case as above): At the opening of the trial the defendant prepared and asked the Court to submit the following issues : “ Did the arbitrators undertake to decide the law in construing the contract between C. W. Garrett & Co. and Paul Garrett, and decide said questions of law erroneously ? Did the arbitrators pass upon and settle all material matters submitted to th.em for their arbitrament and award ? Did the plaintiff, as agent for C. W. Garrett & Co., agree with the defendant that if the arbitrators intended to allow the account of $241.60, it should be credited on the…

2Cases cited7 opinions

  1. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
  2. Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
  3. Bonds v. . SmithSupreme Court of North Carolina · 1890
  4. Blackwell v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
  5. Black v. . BlackSupreme Court of North Carolina · 1892

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3Cited by12 opinions

  1. Carolina Virginia Fashion Exhibitors, Inc. v. GunterCourt of Appeals of North Carolina · 1979
  2. Crutchley v. CrutchleySupreme Court of North Carolina · 1982
  3. T. W. Poe & Sons, Inc. v. University of North CarolinaSupreme Court of North Carolina · 1958
  4. Silvey v. . AxleySupreme Court of North Carolina · 1896
  5. In Re the Administration of the Estate of ReynoldsSupreme Court of North Carolina · 1942

7 more not listed; retrieve them via the Exa API.

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