Brown, Adm'r v. . the Commissioners of Washington
Supreme Court of North Carolina
Trespass, Q, C. E., tried before Jones, J., at Spring Term, 1869, of the Superior Court of Beaufort. Upon the trial a question arose as to the rights of the plaintiff under an alleged lease of the premises to him by the defendant.
Read the full summary
Trespass, Q, C. E., tried before Jones, J., at Spring Term, 1869, of the Superior Court of Beaufort. Upon the trial a question arose as to the rights of the plaintiff under an alleged lease of the premises to him by the defendant. He offered evidence of a parol contract of lease, ' wbicb was objected to by tbe defendant apon tbe ground that there was a record of such contract made at tbe time by the defendants in the boobs of tbe corporation, as was shown by ■a witness, who also stated that the plaintiff was not then present. His Honor sustained the objection, upon the ground that the…
1Opinion of the CourtRodman, J.
The case does not state the reason which induced the Judge below to reject the parol proof of the ■alleged contract of lease between the parties, and we are ¡somewhat uncertain what it was. He probably considered the entry of the contract on the books of the Commissioners as forming a written contract between the parties, in which the entry would be the primary evidence of the contract, and secondary would not be admissible until the absence of the primary was excused. We think this view cannot be sustained. The case states, indeed, that the entry was proved to have been made at the time of…
2Cited by4 opinions
- Gilbert v. . JamesSupreme Court of North Carolina · 1882
- Winslow v. Comm'rs of Perquimans CountySupreme Court of North Carolina · 1870
- State v. . CratonSupreme Court of North Carolina · 1845
- Winslow v. Comm'rs of Perquimans CountySupreme Court of North Carolina · 1870