Burwell v. . Linthicum
Supreme Court of North Carolina
Civil action, tried before Shipp, J., at October Term, 1887, of Vance Superior Court. The Court.intimated an opinion that plaintiff’s cause of action was barred by the statute of limitations, ih deference to which plaintiff submitted to a nonsuit and appealed.
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Civil action, tried before Shipp, J., at October Term, 1887, of Vance Superior Court. The Court.intimated an opinion that plaintiff’s cause of action was barred by the statute of limitations, ih deference to which plaintiff submitted to a nonsuit and appealed. This action, begun on the 2d day of February, 1887, by the plaintiff, J. 8. Burwell, administrator of Henry H. Bur-well, against the defendant, H. C. Linthicum, administrator of William H. Linthicum, is brought to recover damages for the breach of a contract in writing, for the construction of .a store-house for the plaintiff’s…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The rulings of this Court are decisive of the character of the instrument and the nature of the obligation which it imposes. While bearing the seals of the parties, it is a covenant as to the intestate, H. H. Burwell, and a simple unsealed contract as to the other party. This rule is settled by several adjudications in this Court.
In Brown v. Bostian, 6 Jones, 1, which was an agreement to deliver to the plaintiff firm of Brown, Brawley & Co. one hundred barrels of good, merchantable flour, and after the wordsj “ witness our hands and seals,” it bore the…
2Cases cited2 opinions
- Blount v. . ParkerSupreme Court of North Carolina · 1878
- Holland v. . ClarkSupreme Court of North Carolina · 1872
3Cited by5 opinions
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- Cowan v. . CunninghamSupreme Court of North Carolina · 1907
- Delius v. . CawthornSupreme Court of North Carolina · 1829