Brem v. . Allison
Supreme Court of North Carolina
Civil action, tried before Henry, J.., at special January 'Term, 1872, of Mecklenburg Superior Court. The bond sued on was as follows: $300. On the first day of January, 1860, we, or either of us, promise to pay W. F. Davidson, the sum of three hundred dollars for rent of his dwelling house and lot for the year 1859. (Signed) J. A. SADLER, J. ALLISON.
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Civil action, tried before Henry, J.., at special January 'Term, 1872, of Mecklenburg Superior Court. The bond sued on was as follows: $300. On the first day of January, 1860, we, or either of us, promise to pay W. F. Davidson, the sum of three hundred dollars for rent of his dwelling house and lot for the year 1859. (Signed) J. A. SADLER, J. ALLISON. W. F. Davidson, for defendant, testified that some time ■after the bond became due, the amount of it was paid to him, by James Sadler, Jr., son of the principal of said bond, hy crediting the amount thereof upon the account of said Davidson,…
1Opinion of the CourtReade, J.
If the suit had been between the plaintiff and his co-partner, and the terms of the partnership had been the question at issue, and if the terms were in writing, it would have been necessary to introduce the writing as being; the best evidence. But that rule does not obtain when the suit is between the plaintiff and a stranger, and the terms of the partnership is not the question at issue, but comes up «collaterally. Oates, Williams & Co. v. Kendall, 67 N. C. Rep., 241. It is true, as contended for by the defendant, that “when the terms of a verbal agreement are ascertained, its construction,…
Also in this document: Per curiam.
2Cases cited2 opinions
- Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
- Oates, Williams & Co. v. KendallSupreme Court of North Carolina · 1872
3Cited by7 opinions
- State v. . RogersSupreme Court of North Carolina · 1885
- Long v. HallSupreme Court of North Carolina · 1887
- White v. . BarnesSupreme Court of North Carolina · 1893
- Dail v. . SuggSupreme Court of North Carolina · 1881
- Long v. . HallSupreme Court of North Carolina · 1887
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