Bemis Lumber Co. v. Cope, 200 N.C. 795 (1930)

Dec. 19, 1930 · Supreme Court of North Carolina

200 N.C. 795

BEMIS LUMBER COMPANY v. G. H. COPE, Doing Business as COPE LUMBER AND DIMENSION COMPANY.

(Filed 19 December, 1930.)

Appeal by defendant from Finley, J., at March Term, 1930, of Gkaham.

No error.

This 'is an action to recover the balance due for lumber sold and delivered by plaintiff to the defendant, G. H. Cope.

Defendant denies that he is liable for the amount due to the plaintiff. He alleges that the lumber was purchased by him as president of the G. H. Cope Lumber and Dimension Company, a corporation, and that said lumber was shipped by plaintiff to said corporation.

Tbe issue submitted to tbe jury was answered as follows:

“In wbat sum, if any, is tbe defendant indebted to tbe plaintiff? Answer: $1,107.88.”

From judgment on tbe verdict defendant appealed to tbe Supreme Court.

R. L. Phillips for plaintiff.

Moody & Moody for defendant.

Pee Cueiam.

There was evidence at tbe trial of tbis action tending to show that tbe defendant, 0. H. Cope, purchased tbe lumber shipped by plaintiff to tbe Q. H. Cope Lumber and Dimension Company, on bis personal credit, and not on tbe credit of tbe corporation. Tbis evidence, together with tbe evidence offered by tbe defendant tending to show tbe contrary, was submitted to tbe jury, under a charge which was free from error. As neither’ of defendant’s assignments of error on bis appeal to tbis Court can be sustained, tbe judgment must be affirmed.

No error.