Massey v. . Belisle
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Cumberland County at Fall Term, 1841, his Honor Judge Pbarson presiding. The suit was an action of assumpsit for twelve dollars, and commenced by warrant before a magistrate.
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This was an appeal from the judgment of the Superior Court of Law of Cumberland County at Fall Term, 1841, his Honor Judge Pbarson presiding. The suit was an action of assumpsit for twelve dollars, and commenced by warrant before a magistrate. The plaintiff proved on the trial, that in January, 1834, he employed one Black, a surveyor, to run out his lot in the town of Fayetteville; that according to Black’s survey, a small house, which the defendant had erected since the very destructive fire in 1831, which consumed all the houses in that part of the town, was about two feet on the…
1Opinion of the CourtGaston, J.
The first exception taken by the appellant is because the Court submitted it to the Jury to enquire, whether the promise of the defendant to pay the sum demanded as rent was absolute or conditional, and if absolute, whether it was made in consideration that the defendant’s house was upon the plaintiff’s lot, or in consideration of his forbearing to sue, and in compromise of a doubtful right. We do not think this exception well founded. No doubt the construction of all contracts, in the proper sense of the term construc tion.i is a matter of law, and therefore proper for the. determination of…
2Cited by23 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Speed v. PerrySupreme Court of North Carolina · 1914
- Speed v. . PerrySupreme Court of North Carolina · 1914
- Barker v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Deans v. DeansSupreme Court of North Carolina · 1954
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