Earnhardt v. Clement.
Supreme Court of North Carolina
ActioN by A. E. Earnhardt and wife against L. IT. Clement, executor of Tobias Kestler and others, heard by Judge M. II. Justice and a jury, at May Term, 1904, of the Superior Court of RowaN County. Erom a judgment for the plaintiffs the defendants appealed.
1Opinion of the CourtClark, C. J.
This is an action for specific performance of a contract to bequeath the fifty shares of bank stock, which the testator then owned, to the feme plaintiff absolutely and in her own right in consideration of services to be rendered by her to the testator. Her husband is joined as co-plaintiff, but as he has no interest in the action it was unnecessary. The Code, secs. 178 (1) and 183. Upon issues submitted the jury found that the testator so- contracted that the feme plaintiff faithfully and fully performed the services stipulated for, but that the testator bequeathed the said bank stock, not…
2Cases cited10 opinions
- Boles v. Caudle.Supreme Court of North Carolina · 1903
- Lehew v. Hewett.Supreme Court of North Carolina · 1902
- Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1891
- Price v. Price.Supreme Court of North Carolina · 1903
- Jones v. Warren.Supreme Court of North Carolina · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Johnson v. MassengillSupreme Court of North Carolina · 1972
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- State v. . BentonSupreme Court of North Carolina · 1946
16 more not listed; retrieve them via the Exa API.