Peacock v. . Williams
Supreme Court of North Carolina
This is a civil ACTION, which was tried, on appeal from a justice of the peace, before Montgomery, Judge, at Fall Term, 1887, of Haywood Superior Court. The plaintiff alleged: 1st. That during 1886, he furnished lumber to be used in constructing a house in the town of Waynesville, on a lot belonging to Mrs Mary F. Luke. 2d. That said lumber was furnished to A. L. Melton, who was contractor for erecting said house. 3d.
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This is a civil ACTION, which was tried, on appeal from a justice of the peace, before Montgomery, Judge, at Fall Term, 1887, of Haywood Superior Court. The plaintiff alleged: 1st. That during 1886, he furnished lumber to be used in constructing a house in the town of Waynesville, on a lot belonging to Mrs Mary F. Luke. 2d. That said lumber was furnished to A. L. Melton, who was contractor for erecting said house. 3d. That a portion of the price of the said lumber was paid to plaintiff, but that there now -remained due the sum of $54.91, with interest from April 30th, 1886. 4th. That on or…
1Opinion of the CourtSmith, C. J.
It will be seen from the fourth allegation of the complaint and its plain and distinct reference to this agreement, and from its introduction in support of the demand that the plaintiff’s right of action against the defendant rests entirely upon the undertaking on the part of Williams and Buchanan to surrender'the house to the owner of the lot, “ free from all liens and incumbrances whatever.” It is also apparent that the fund provided for this purpose is the note executed by the owner of the lot and secured in the manner specified in the contract. This security must be understood, as meant…
2Cases cited3 opinions
- Morehead v. WristonSupreme Court of North Carolina · 1875
- Parker v. . ShufordSupreme Court of North Carolina · 1877
- White v. . HuntSupreme Court of North Carolina · 1870
3Cited by13 opinions
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Baber v. HanieSupreme Court of North Carolina · 1913
- Orinoco Supply Co. v. Shaw Bros. LumberSupreme Court of North Carolina · 1912
- Wood v. . KincaidSupreme Court of North Carolina · 1907
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