Jones v. . Mial
Supreme Court of North Carolina
PETITION to Rehear filed at January Term, 1879, and heard at January Term, 1880, of The Supreme Court. The plaintiff in his petition assigns as cause of error that the court in its decision held that, he could not recover on the cause of action as stated in the complaint without an amendment thereof.
Read the full summary
PETITION to Rehear filed at January Term, 1879, and heard at January Term, 1880, of The Supreme Court. The plaintiff in his petition assigns as cause of error that the court in its decision held that, he could not recover on the cause of action as stated in the complaint without an amendment thereof. The action was brought to recover damages for an alleged breach of contract in not furnishing a certain number of subscribers to sustain the publication of an Agricultural Journal. See same case, 79 N. C., 164.
1Opinion of the CourtDillakd, J.
On the trial of this case in the court below, after the plaintiff closed his evidence the judge ruled that the stipulations contained in the written contract were dependent, and those on his part not being performed, he could not recover on the special contract, but that the measure of his damages was the value of his services in attempting performance of the contract and the amount expended by him over and above the sum received from the list of subscribers furnished him. In submission to this opinion the plaintiff asked to be allowed to introduce further evidence as to the amount of…
2Cases cited1 opinion
- Oates, Williams & Co. v. KendallSupreme Court of North Carolina · 1872
3Cited by34 opinions
- Hunt v. EureSupreme Court of North Carolina · 1925
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Hood v. . SudderthSupreme Court of North Carolina · 1892
29 more not listed; retrieve them via the Exa API.