Legal Opinion

Weathers v. . Borders

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 5 opinions

Civil action, begun in the Court of a Justice of the Peace to enforce a mechanic's and laborer’s lien and heard on appeal before Nonoood, /., at Spring Term, 1897, of Cleveland Superior Court. The facts are stated in the opinion of the Court. From the judgment dismissing the action as to the feme defendant the plaintiffs appealed.

1Opinion of the Court

Faircloth, C. J.:

Defendant and her husband contracted with plaintiffs verbally, to have a house built on her land and materials furnished for the building. The house was built and paid for except $37.81. Defendants, alleging that bad work was done and inferior material used, refused to pay the balance. Plaintiffs sue for balance and ask to have their judgment declared a lied on the house and lot. This is the only question. Plaintiffs admitted the- contract was not in writing and thereupdn his Honor held that they could not recover on their own showing and adjudged that the feme defendant go…

2Cases cited2 opinions

  1. Carolina Interstate Building & Loan Ass'n v. BlackSupreme Court of North Carolina · 1896
  2. Thompson v. . TaylorSupreme Court of North Carolina · 1892

3Cited by5 opinions

  1. Ball v. Paquin.Supreme Court of North Carolina · 1905
  2. Weathers v. . BordersSupreme Court of North Carolina · 1899
  3. Stout v. . PerrySupreme Court of North Carolina · 1910
  4. Johnson v. JohnsonDistrict Court, E.D. North Carolina · 2009
  5. Ball v. Paquin.Supreme Court of North Carolina · 1905

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