Chandler v. . Jones
Supreme Court of North Carolina
Appeal from Ferguson, J., at August Term, 1916, of Guilfobd, in an action to recover tbe sum of $600 alleged to be due by contract. Tbe defendant admitted tbe execution of tbe contract and alleged tbat be bad paid tbe sum of $500 thereon.
Read the full summary
Appeal from Ferguson, J., at August Term, 1916, of Guilfobd, in an action to recover tbe sum of $600 alleged to be due by contract. Tbe defendant admitted tbe execution of tbe contract and alleged tbat be bad paid tbe sum of $500 thereon. On 30 April, 1890, tbe defendant and bis wife entered into a contract under tbe terms of wbieb tbe defendant was to become tbe owner of a certain tract of land if be survived bis wife, upon tbe payment of $600 to tbe plaintiff, wbo was then Miss Eula Yanstory, and it is upon tbis contract tbat tbe plaintiff is suing 4o recover tbe $600. Tbe defendant was…
1Opinion of the CourtAlleN, J.
It was held by his Honor, as matter of law, that the payment of $500 by the defendant to the plaintiff, while she was a minor, did not operate to discharge pro tanto his debt to her, and, as the jury was not permitted to consider the evidence introduced by the defendant, we must, for the purposes of this appeal, accept it as true, and give the defendant the benefit of all reasonable inferences that may be deduced from it.
When it is so considered it establishes that a contract was entered into on 30 April, 1890, by the defendant and his wife, by virtue of which the defendant was to become the…
2Cases cited6 opinions
- MacGreal v. TaylorSupreme Court of the United States · 1897
- Baggett v. . JacksonSupreme Court of North Carolina · 1912
- Charles Skinner v. . D. G. MaxwellSupreme Court of North Carolina · 1872
- Weeks v. Wilkins.Supreme Court of North Carolina · 1904
- Brown v. HardingSupreme Court of North Carolina · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1977
- State ex rel. Trent v. SimsWest Virginia Supreme Court · 1953
- Cole v. WagnerSupreme Court of North Carolina · 1929
- Wallace v. . BennerSupreme Court of North Carolina · 1931
- Cole v. . WagnerSupreme Court of North Carolina · 1929
17 more not listed; retrieve them via the Exa API.