Bryson v. Gennett Lumber Co.
Supreme Court of North Carolina
Civil actioN tried before Ferguson, J., and a jury, at October Term, 1915, of JacKSON, Plaintiffs sued for $54.45 due by account for labor performed. They were employed by one Frank Bailey to cut certain timber belonging to tbe defendants. Bailey bad been employed by defendants to cut tbe timber and be employed plaintiffs to belp bim.
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Civil actioN tried before Ferguson, J., and a jury, at October Term, 1915, of JacKSON, Plaintiffs sued for $54.45 due by account for labor performed. They were employed by one Frank Bailey to cut certain timber belonging to tbe defendants. Bailey bad been employed by defendants to cut tbe timber and be employed plaintiffs to belp bim. Tbey cut a part of tbe timber and received av/written order from Frank Bailey to tbe defendants to pay tbem tbeir wages, wbicb amounted to $75. Plaintiffs presented tbis order to defendants (a partnership) and there is evidence tbat tbey orally accepted tbe…
1Opinion of the Court
WalKER, J.,
after stating tbe case: Tbe statute under wbicb tbe suit was brought is chapter 150, Public Laws 1913, sec. 6. It provides tbat where tbe laborer’s wages for thirty days or less are due and unpaid, be shall file notice of his claim with tbe nearest justice of tbe peace in tbe county where tbe work was done, stating tbe number of days tbe labor was performed and tbe person for whom it was performed, tbe price per day, and tbe place where tbe lumber is situated, wbicb statement shall be signed by tbe laborer or bis attorney, and thereupon, and within five days after filing tbe notice…
2Cases cited1 opinion
- Hogsed v. Gloucester Lumber Co.Supreme Court of North Carolina · 1915
3Cited by1 opinion
- Elk Creek Lumber Co. v. HambyCourt of Appeals for the Fourth Circuit · 1936