Supreme Court of North Carolina January 15, 1874 (Stenhouse, McCauley & Co. v. Charlotte, Columbia & Augusta Railroad)

Ejsade, J.

The plaintiff alleges that he made a contract with the defendant, through his agent, Pegram, to transport his cotton to market at a given price, and that the defendant failed to comply with the contract, by reason of which plaintiff was injured, &c. The defendant denied that Pegram was authorized to contract, or that he did in fact contract.