Dellinger v. . Gillespie
Supreme Court of North Carolina
Civil ACTION, tried before Bryan, J., at January Term,, 1896, of MeCKlenburg Superior Court, on appeal from a judgment of a justice of the peace. The contract sued on was as follows : “ORDER FOR THE ERECTION OF CONDUCTORS. “ Mr. U. (t.
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Civil ACTION, tried before Bryan, J., at January Term,, 1896, of MeCKlenburg Superior Court, on appeal from a judgment of a justice of the peace. The contract sued on was as follows : “ORDER FOR THE ERECTION OF CONDUCTORS. “ Mr. U. (t. DelliNGEr : Sir : — Erect (or deliver) at your earliest convenience on my residence a system of circuit conductors, (5 points and 3 rods to the ground,) of the Star Lightning Rod, in a proper and substantial manner, in accordance with scien-tifie rules; and I will pay for the same on completion of work in cash or note, due on completion at the rate of 4 cents…
1Opinion of the Court
Montgomery, J.:
The defendant executed the order to the plaintiff which is set out in the case on appeal. The order was signed by the defendant simultaneously with the making of the contract, whatever the contract was. The defendant could read and write, and he signed the paper, according to his own testimony, voluntarily. The plaintiff made no attempt to conceal any of its provisions, handed it to him to read, practiced no trick or surprise on him to induce him to execute it, and as a matter of fact the defendant commenced to read it. He said, as a witness for himself on the trial, that “ he…
2Cited by33 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1942
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Davis v. DavisSupreme Court of North Carolina · 1962
- Colt v. . KimballSupreme Court of North Carolina · 1925
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