Hayman v. . Davis
Supreme Court of North Carolina
Appeal by defendant from McElroy, Jat tbe July Term, 1921, of EaNDOLPH. This is a civil action, brought by Mary Ellma Hayman against Nathan M. Davis, who is her father, on a quantum meruit for services rendered to said Nathan M. Davis, covering' a period of twenty-two years.
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Appeal by defendant from McElroy, Jat tbe July Term, 1921, of EaNDOLPH. This is a civil action, brought by Mary Ellma Hayman against Nathan M. Davis, who is her father, on a quantum meruit for services rendered to said Nathan M. Davis, covering' a period of twenty-two years. The complaint alleges that the defendant contracted and agreed with the plaintiff that if she would live with him, take care of him, do the cooking, washing, mending, and work in the house and field, as a dutiful daughter, he would give her the tract of land she was, and is now, living on, and that said tract of land…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff contended that, as there was no evidence taken at the time of the trial, the Court could pass only upon the allegations of the complaint, and it held, and so adjudged, that the plaintiff had not stated a sufficient cause of action. This, the plaintiff insists, was error. There was consent on the part of both the plaintiff and defendant, and if the defendant breached the contract in such a way as to make it impossible for the plaintiff to carry out her contract, as was contemplated at the time of making'the contract, and this was done by the…
2Cases cited4 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- McClay v. HedgeSupreme Court of Iowa · 1864
- Tussey v. Owen.Supreme Court of North Carolina · 1905
3Cited by14 opinions
- Eaton v. . DoubSupreme Court of North Carolina · 1925
- General Metals, Inc. v. Truitt Manufacturing Co.Supreme Court of North Carolina · 1963
- Shore v. . HoltSupreme Court of North Carolina · 1923
- Coley v. . DalrympleSupreme Court of North Carolina · 1945
- Barron v. . CainSupreme Court of North Carolina · 1939
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