Shelton v. . Davis
Supreme Court of North Carolina
Civil action, commenced in Jackson county and removed to Haywood county, upon affidavit, where it was tried by Cannon, J., at Fall Term, 1872. Plis Honor states, that the counsel in the case being unable to agree upon the facts evolved, he adopts the following and transmits it as the “ case stated :” “ The action is in the nature of the old action of assumpsit; the allegations of the complaint are denied by the answer, which also contains allegations of new matter.
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Civil action, commenced in Jackson county and removed to Haywood county, upon affidavit, where it was tried by Cannon, J., at Fall Term, 1872. Plis Honor states, that the counsel in the case being unable to agree upon the facts evolved, he adopts the following and transmits it as the “ case stated :” “ The action is in the nature of the old action of assumpsit; the allegations of the complaint are denied by the answer, which also contains allegations of new matter. A reply was filed by the plaintiff denying the allegations of new matter set up in the answer. The defendant’s counsel ask the…
1Opinion of the CourtPearson, C. J.
No one can read the record in this case-without being painfully impressed with the connection that, if it becomes a precedent, there will be an end to all certainty-in judicial proceedings. The complaint alleges that the-defendant, as the agent of plaintiff, sold a tract of land to* A, B and C, and to the defendant, he taking one-fourth for the price of $800, which he received and failed to pay over, and demands, judgment for $800, minus $325 paid.
The answer admits that defendant at one time held a power of attorney to sell the land, but avers it was surrendered;, and afterwards, the…
2Cited by16 opinions
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- McLaurin v. . CronlySupreme Court of North Carolina · 1884
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