Meadows v. . Smith
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Jones County, at the Spring Term, 1851, his Honor Judge Caldwell presiding. This is assumpsit to recover the price of a flat. The declaration contains three counts. First, in a special contract to indemnify; second,' for money paid to the use of the defendant; third, for work and labor done.
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Appeal from the Superior Court of Law of Jones County, at the Spring Term, 1851, his Honor Judge Caldwell presiding. This is assumpsit to recover the price of a flat. The declaration contains three counts. First, in a special contract to indemnify; second,' for money paid to the use of the defendant; third, for work and labor done. The facts, as they appeared on the trial, are as follows : Sometime in the winter of 1846, the defendant employed the plaintiff to have a flat built for him at New-Berne, by the first of May of that year: that the plaintiff, in pursuance thereof, made a contract…
1Opinion of the CourtPearson, J.
We can see nothing to distinguish this case from the ordinary one of an agent, who engages work to be done for and in the name of his principal, whose name and residence he discloses. The agent is under no legal obligation to pay for the work, and if he does pay for it, he will not be able to make good the necessary allegation, that he “ paid money for the use of his principal and at his instance and request.”
In this case, the defendant had, on demand made by the builders of the flat, expressly refused to pay. Whether his refusal was upon sufficient cause is not material; he had expressly…
2Cited by3 opinions
- Meyers v. . AllsbrookSupreme Court of North Carolina · 1949
- Robinson v. . SampsonSupreme Court of North Carolina · 1897
- Hicks v. Kenan.Supreme Court of North Carolina · 1905