Wiggins v. Guthrie
Supreme Court of North Carolina
Civil aptiox, tried before Merrimon, J., at June Term, 1888, of Durham Superior Court. The action is to recover the balance due on an alleged contract for the sale and deliver}' of a lot of lumber by the plaintiff to the defendant. The latter denies that any such contract was entered into, and further sets up a counter-claim, based upon allegations of fact contained in his answer, not material to be stated.
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Civil aptiox, tried before Merrimon, J., at June Term, 1888, of Durham Superior Court. The action is to recover the balance due on an alleged contract for the sale and deliver}' of a lot of lumber by the plaintiff to the defendant. The latter denies that any such contract was entered into, and further sets up a counter-claim, based upon allegations of fact contained in his answer, not material to be stated. Two issues were submitted to the jury : 1. Did the plaintiff furnish material to the defendant under a contract with him? Answer. Yes. 2. If so, what sum, if any, is due from the defendant…
1Opinion of the CourtSmith, C. J.
(after stating the case as above.) Upon the introduction of the plaintiff as a witness on his own behalf, objection was made to his testifying in support of the claim, because, when demanded, he had failed to furnish a bill of particulars thereof under § 259 of The Code. This section declares that while “ it shall not be necessary for a party to set forth in a pleading the items of an account therein alleged, but he shall deliver to the adverse party, within ten days after a demand in writing, a copy of the account, which, if the pleading is verified, must be verified by his own oath, or that…
2Cases cited3 opinions
- McRae v. . MalloySupreme Court of North Carolina · 1885
- People ex rel. Waring v. Monroe C. P.New York Supreme Court · 1830
- Kellogg v. PaineNew York Supreme Court · 1853
3Cited by11 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Townsend v. . WilliamsSupreme Court of North Carolina · 1895
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
- Burris v. . LitakerSupreme Court of North Carolina · 1921
- Gruber v. . EwbanksSupreme Court of North Carolina · 1930
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