Otis Elevator Co. v. Cape Fear Hotel Co.
Supreme Court of North Carolina
Appeal from Peebles, J., at April Term, 1916, of New Haitover. This is an action to recover $706.32, a balance alleged to be due for the installation of an elevator in the hotel of the defendant, then in course of costruction. The plaintiff did not allege a special contract in the complaint, but sought to recover the value of the property.
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Appeal from Peebles, J., at April Term, 1916, of New Haitover. This is an action to recover $706.32, a balance alleged to be due for the installation of an elevator in the hotel of the defendant, then in course of costruction. The plaintiff did not allege a special contract in the complaint, but sought to recover the value of the property. The defendant filed answer denying the material allegations of the complaint, including the allegation that the plaintiff was a corporation. The evidence tends to prove that the defendant had in contemplation building a hotel of ten stories, and that it…
1Opinion of the CourtAlleN, J.
The written contract furnishes evidence that the defendant was dealing with the plaintiff as a corporation, and it was therefore competent against the defendant as evidence of corporate existence. Ryan v. Martin, 91 N. C., 465; Bank v. Duffy, 156 N. C., 84.
*320It also follows, as this evidence was properly admitted, that his Honor could not grant the motion for judgment of nonsuit upon the ground that there was ho evidence that the plaintiff was a corporation.
No error.
2Cited by1 opinion
- WICKES CORPORATION v. HodgeCourt of Appeals of North Carolina · 1970