Parker v. . Morrill
Supreme Court of North Carolina
This is a civil action and was tried before Merrimon, Judge, at Spring Term,' 1887, of Pitt Superior Court. The action was instituted against E. C. Yellowly, the executor of L. B. Beardsley, the father and guardian of the feme plaintiff, for a balance alleged to be due upon settlement and for an account.
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This is a civil action and was tried before Merrimon, Judge, at Spring Term,' 1887, of Pitt Superior Court. The action was instituted against E. C. Yellowly, the executor of L. B. Beardsley, the father and guardian of the feme plaintiff, for a balance alleged to be due upon settlement and for an account. The plaintiff alleged that the guardian had, or.ought to have had, in his hands about $2,500 belonging to his ward, but that he represented that he had only about $1,500; that upon the guardian’s agreement to invest the funds admitted by him, in certain lands for the feme plaintiff, and that…
1Opinion of the CourtMeubimoN, J.
The agreement in writing under seal, executed by the plaintiffs and the testator of the defendant, put in evidence on the trial by the plaintiffs, plainly upon its face, by its terms, scope, and meaning, purports to set forth fully the grounds and considerations that prompted its execution. It is broad and comprehensive as to the matters embraced by it, and there is nothing in its terms or purpose that implies omission in any respect, and particularly the consideration is mentioned in like comprehensive terms.
When the parties to a contract in writing thus refer in it to matters constituent of…
2Cases cited2 opinions
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Lawrence v. . HesterSupreme Court of North Carolina · 1885
3Cited by13 opinions
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- Baum v. LynnMississippi Supreme Court · 1895
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Taylor v. . HuntSupreme Court of North Carolina · 1896
- American Potato Co. v. Jenette Bros.Supreme Court of North Carolina · 1916
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