Billings v. Wilby
Supreme Court of North Carolina
ActioN, tried before Garter, J., at October Term, 1917, of Wilkes. Tbe action was to recover damages for breach of an alleged contract conferring on plaintiff the right to construct the pipe line for a sewer from the new Federal building in Wilkesboro, N. 0. On denial of the contract and any and all liability thereunder, the jury rendered the following verdict: 1. Did defendant enter into a contract with plaintiff A. U. Billings-to employ said Billings to cut the ditch and…
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ActioN, tried before Garter, J., at October Term, 1917, of Wilkes. Tbe action was to recover damages for breach of an alleged contract conferring on plaintiff the right to construct the pipe line for a sewer from the new Federal building in Wilkesboro, N. 0. On denial of the contract and any and all liability thereunder, the jury rendered the following verdict: 1. Did defendant enter into a contract with plaintiff A. U. Billings-to employ said Billings to cut the ditch and lay the sewer line at the-price of 40 cents per running foot, as alleged in the complaint? Answer : “Yes.” 2. Was the…
1Opinion of the CourtHoke, J.
There was evidence on tbe part of tbe plaintiff tending to show that plaintiff, a contractor of extended experience and engaged at tbe time in “grading off tbe foundation” for tbe new Federal building at "Wilkesboro, N. C., on 16 January, 1916, received a letter from William Wilby, defendant, then at Selma, Ala., and who bad tbe subcontract for tbe plumbing and laying tbe sewer line, inviting a proposition from plaintiff for cutting tbe ditch and laying tbe line, etc., according to survey and specifications which bad been already made by tbe government; that on 13 January, 1916, plaintiff…
2Cases cited3 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Gooding v. . MooreSupreme Court of North Carolina · 1909
- Teal v. . TempletonSupreme Court of North Carolina · 1908
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