Pritchett v. Greensboro Supply Co.
| Decision Date | 02 November 1910 |
| Citation | 69 S.E. 249,153 N.C. 344 |
| Parties | PRITCHETT v. GREENSBORO SUPPLY CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Guilford County; Lyon, Judge.
Action by George W. Pritchett against the Greensboro Supply Company. From a judgment for plaintiff, defendant appeals. No error. Dismissed.
A party may object to an order of reference, if there is a plea in bar, and appeal at once, or may take his exception and appeal from the final judgment; and hence, where plaintiff excepted to an order of reference, he did not waive his right to a jury trial by failing to appeal at once.
F. P Hobgood, Jr., for appellant.
W. P Bynum and Taylor & Scales, for appellee.
This action was brought to recover the sum of $1,319.04, alleged to be due to the plaintiff, as traveling salesman of the defendant, for salary, commissions, and expenses. The defendant denied that it is indebted to the plaintiff, except in a certain amount, which it tendered, but which was less than the amount actually due according to its own contention and much less than the amount found to be due by the jury upon the evidence and under the instructions of the court. There was a controversy as to the commissions alleged to be due for the year 1908, but no issue was raised as to the salary and expenses for September, 1908, or the commissions for the year 1907. The only matter at issue between the parties related to the commissions of the plaintiff for the year 1908, and, as to these, the defendant alleged that there was a new contract, which was a substitute for the old one and by which it was released from liability for commissions on sales made by the plaintiff during that year, in consideration of the promise of the defendant to pay him the sum of $200 per month and traveling expenses for the last half of the year. The plaintiff contended that the new contract was never consummated, but was only tentatively proposed, while the defendant alleged that it was a completed contract. The cause was referred by order of the court. Both parties excepted, but neither party appealed. The referee found for the defendant upon the material question in the case. The plaintiff excepted to the report, and tendered the issue raised by the pleadings, and then demanded a jury trial. The issue was submitted, and found for the plaintiff and judgment rendered for him in the sum of $1,200.42, with interest and costs. The defendant...
To continue reading
Request your trial