Standard Fashion Co. v. Grant

• Citation: 81 S.E. 606,165 N.C. 453
• Decision Date: 29 April 1914
• Docket Number: 443.
• Parties: STANDARD FASHION CO. v. GRANT.
• Court: United States State Supreme Court of North Carolina

81 S.E. 606

165 N.C. 453

STANDARD FASHION CO. v. GRANT.

No. 443.

Supreme Court of North Carolina

April 29, 1914

Appeal from Superior Court, Stanly County; Shaw, Judge.

Action by the Standard Fashion Company against J. L. Grant. From a judgment of nonsuit, plaintiff appeals. Affirmed.

The complaint alleges: (1) That the plaintiff, Standard Fashion Company, is a corporation duly organized under and by virtue of the laws of the state of New York. (2) That on the 5th day of March, 1912, J. L. Grant, the defendant, entered into a contract with the plaintiff a copy of which contract is hereto attached marked "Exhibit A," and asked to be made a part of this complaint as fully as if written herein. (3) That in accordance with the said contract, and in pursuance to the terms thereof, the plaintiff sold and delivered to the defendant, J. L. Grant, certain goods wares, and merchandise to the value of $299.96 an itemized statement of which is hereto attached, marked "Exhibit B." (4) That the defendant is due plaintiff the sum of $299.96; and that the defendant has not paid the same, or any part thereof, though payment has been often demanded by the plaintiff. Whereupon the plaintiff demands judgment for $299.96 and costs. The defendant answering admits signing the contract marked "Exhibit A," and made a part of the complaint, and says: (2) That he admits signing the pretended contract set out in paragraph 2 of the complaint, but avers that said contract is illegal and void, in that said contract and the consideration upon which it is based, which contract speaks for itself, is an unreasonable restraint of trade, and is contrary to public policy; and further the defendant avers that said pretended contract is illegal and void for that it purports to make a sale or sales of merchandise to the defendant upon the consideration and condition that the defendant shall not deal in the goods, wares, merchandise articles, or things of value of a competitor or rival in the business of the plaintiff making such sales under said pretended contract to the defendant. (3) That he admits that the plaintiff shipped to him the bill of goods set out in Exhibit B mentioned in paragraph 3 of the complaint under and pursuant to the pretended contract set out in paragraph 2 of the plaintiff's complaint, but denies that said merchandise is worth the sum of $299.96; and, further answering said paragraph, the defendant avers that the said pretended contract, under and pursuant to which the plaintiff shipped said goods to the defendant, is illegal and void, as set out and recited in paragraph 2 of this answer, and the defendant denies that he is liable to the plaintiff in any sum whatever on said account. The answer then sets up a counterclaim.

A. C Huneycutt, of Albemarle, for appellant.

J. R. Price, of Albemarle, for appellee.

BROWN J.

The contract sued on contains these provisions: The party of second part, the defendant, agrees to purchase and pay for free distribution 9,000 Standard fashion sheets, and handy catalogues to a number of not less than 100 per annum; to purchase and pay for $200 value in Standard patterns at net invoice prices. The contract further provides: "Second party also agrees not to assign or transfer this agency, nor to remove it from its original location without the written consent of the said first party, not to sell or permit to be sold on the premises of second party during the term of this contract, any other make of patterns and not to sell Standard patterns except at label prices. Second party further agrees to permit first party or its representatives to take account of pattern stock whenever it desires, to pay proper attention to the sale of Standard patterns, to conserve the best interests of the agency at all times, to reorder promptly all patterns as sold, and to give the department a prominent...