Birdwell v. . Moale
This text of 125 S.E. 529 (Birdwell v. . Moale) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
' Assignments of error made by appellants cannot be sustained. The contract between plaintiff and defendants was negotiated by the agent of the defendants, who had expressly notified plaintiff that such agent would call to see him for the purpose of negotiating such contract. The failure of the agent to forward to defendants a duplicate of the contract, as signed by plaintiff and by the agent acting for the defendants, cannot affect the liability of defendants. It was stipulated in the order that same was subject to approval by defendants. The contract and the order were executed contemporaneously, and the *803 rights and liabilities of plaintiff and defendants are fixed and determined by the contract and the order construed together. The breach of the contract, as alleged by the plaintiff, has been found by the jury upon competent evidence.
Defendants’ exceptions are not' sustained. The judgment must be affirmed. There is
No error.
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Cite This Page — Counsel Stack
125 S.E. 529, 188 N.C. 801, 1924 N.C. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birdwell-v-moale-nc-1924.