Rogers v. . Moore
Supreme Court of North Carolina
Civil Action tried at January Term, 1882, of Wake Superior Court, before Gilmer, J. The plaintiff filed a verified complaint demanding payment for the sum of |514.'30, alleged to be due on account of money lent, board and lodging furnished, and goods sold and delivered, and at the trial judgment by default final for want of an answer was rendered, and the defendant appealed.
1Opinion of the CourtSmith, C. J.
In the opinion delivered at the present term in Wynne v. Prairie, ante, 73, we adverted to section 217 of the C. C. P. and the proper construction to put upon its provision for a final judgment in “ an action arising on contract for the recovery of money only,” where the complaint was sworn to and no answer filed. We expressed the opinion that the cases contemplated were those in which a specific sum was contracted to be paid, and the section did not extend to those implied contracts to pay for goods sold or services rendered, whatever they were reasonably worth and whose value was to be…
2Cases cited5 opinions
- Parker v. . SmithSupreme Court of North Carolina · 1870
- R. M. Oates v. . W. G. GraySupreme Court of North Carolina · 1872
- White v. . SnowSupreme Court of North Carolina · 1874
- Mabry v. . ErwinSupreme Court of North Carolina · 1878
- Mayfield v. JonesSupreme Court of North Carolina · 1874
3Cited by14 opinions
- Scott v. Life Ass'nSupreme Court of North Carolina · 1905
- Scott v. . Life AssociationSupreme Court of North Carolina · 1905
- Witt v. . LongSupreme Court of North Carolina · 1885
- Osborn v. . LeachSupreme Court of North Carolina · 1903
- Roberts & Hoge v. PawleySupreme Court of South Carolina · 1897
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