Upton v. . Ferebee
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at May Term, 1919, of Pamlico. This is an action to recover fourteen barrels of Irish potatoes which the defendant Ferebee took possession of. On 13 November, 1916, L. J. Upton & Co. entered into a contract with one Anthony Avery, a tenant of Ferebee, which contract was signed for Anthony Avery, who could riot write, by S. W. Ferebee, who was his landlord.
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Appeal by plaintiff from Daniels, J., at May Term, 1919, of Pamlico. This is an action to recover fourteen barrels of Irish potatoes which the defendant Ferebee took possession of. On 13 November, 1916, L. J. Upton & Co. entered into a contract with one Anthony Avery, a tenant of Ferebee, which contract was signed for Anthony Avery, who could riot write, by S. W. Ferebee, who was his landlord. Under this contract ■ the plaintiff and the defendant agreed to plant and grow on equal shares during the spring and summer season of 1917 a crop of Irish Cobbler potatoes. Upton furnished the seed…
1Opinion of the CourtAlleN, J.
The judge presiding at the trial set aside the verdict as matter of law, without assigning any reason, and his ruling may be sustained upon the ground that the case was submitted to the jury upon the question of estoppel when no such issue was raised by the pleadings.
“An estoppel which ‘shutteth a man’s mouth to speak the truth’ should be pleaded with certainty and particularity. 8 Enc. PL & Pr., 11. The court should be able to see from the pleadings what facts are relied upon to work the estoppel” (Porter v. Armstrong, 134 N. C., 455), and this case does not come within the exceptions to the…
2Cases cited4 opinions
- Boddie v. BondSupreme Court of North Carolina · 1911
- Beaufort Lumber Co. v. PriceSupreme Court of North Carolina · 1907
- Porter v. ArmstrongSupreme Court of North Carolina · 1904
- Wilkins v. . SuttlesSupreme Court of North Carolina · 1894
3Cited by8 opinions
- In Re the Will of CovingtonSupreme Court of North Carolina · 1960
- Yancey v. WatkinsCourt of Appeals of North Carolina · 1968
- Bolin v. BolinSupreme Court of North Carolina · 1957
- Wright v. MERCURY INSURANCE COMPANYSupreme Court of North Carolina · 1956
- Carstensen v. BrownWyoming Supreme Court · 1919
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