Legal Opinion

Twitty v. . M'guire

Supreme Court of North Carolina

Decided May 5, 1819PublishedCited by 9 opinions

From Rutherford. This was an action of covenant brought on the following agreeament, to wit: “ I, Thomas M’Ouirc, of Rutherford county, North-Carolina, bind my- ‘ self, my heirs, Ike. to Allen Twitty, his heirs, &c. to build a house in “ Rutherfordton on the lot said Allen Twitty bought of William Tate, “ on the following plan, viz. As long and as high as the corner posts and “ sills which are already got will admit of.

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From Rutherford. This was an action of covenant brought on the following agreeament, to wit: “ I, Thomas M’Ouirc, of Rutherford county, North-Carolina, bind my- ‘ self, my heirs, Ike. to Allen Twitty, his heirs, &c. to build a house in “ Rutherfordton on the lot said Allen Twitty bought of William Tate, “ on the following plan, viz. As long and as high as the corner posts and “ sills which are already got will admit of. The house to be biult of “ good materials, the shingles to be of the heart of" pine ; the house to “ have four rooms below, and five windows, a partition across the house “…

1Opinion of the CourtHare, Judge

It appears that the house built was of the dimensions and form set forth in the agreement of the Defendant. When a carpenter builds a house substantially different in dimensions and form from that contracted to be built, it is in no wise a compliance even in part with his contract: because in such case it may not answer the purpose for which bis employer contracted to have it built. Besides, it is the folly of the carpenter to build such a house, when it may bo reasonably presumed his knowledge in his art would enable him as readily to build a house of one form as another. But where the house…

2Cited by9 opinions

  1. Robbins v. C. W. Myers Trading Post, Inc.Supreme Court of North Carolina · 1960
  2. Childress v. C. W. Myers Trading Post, Inc.Supreme Court of North Carolina · 1957
  3. Small v. Lee & Bros.Court of Appeals of Georgia · 1908
  4. Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
  5. Gaito v. AumanSupreme Court of North Carolina · 1985

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