Charlotte Supply Co. v. Burriss Metal Roofing Co.
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at September Term, 1912, of MECKLENBURG. Civil action to recover damages for breach of contract. Defendant having denied liability, set up counterclaim for damages by reason of breach of same contract by plaintiff.
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Appeal by plaintiff from Justice, J., at September Term, 1912, of MECKLENBURG. Civil action to recover damages for breach of contract. Defendant having denied liability, set up counterclaim for damages by reason of breach of same contract by plaintiff. On facts stated in the pleadings, with certain admissions formally made by the parties, the court below sustained a demurrer ore terms to plaintiff’s cause of action and to defendant’s counterclaim, and both plaintiff and defendant excepted and appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Hoke.
1Opinion of the Court
Action to recover damages for breach of contract. Defendant having denied liability, set up counterclaim for damages by reason of breach of same contract by plaintiff.
On facts stated in the pleadings, with certain admissions formally made by the parties, the court below sustained a demurrer ore tenus to plaintiff's cause of action and to defendant's counterclaim, and both plaintiff and defendant excepted and appealed.
The facts are sufficiently stated in the opinion of the Court by MR. JUSTICE HOKE. PLAINTIFF'S APPEAL. Plaintiff alleged that on the first of October, 1909, plaintiff and…
2Cases cited2 opinions
- Wildes v. . NelsonSupreme Court of North Carolina · 1911
- Hughes v. Knott.Supreme Court of North Carolina · 1906
3Cited by3 opinions
- Commercial National Bank of Charlotte v. Charlotte Supply Co.Supreme Court of North Carolina · 1946
- West v. Provident Life & Accident InsuranceSupreme Court of North Carolina · 1936
- Poe & Benfield v. GillSupreme Court of North Carolina · 1929