Long v. U. S. Fidelity & Guaranty Co.
Supreme Court of North Carolina
Civil action-, tried before Lane, J., at March Term, 1919, of GuiL-FORD. The action was brought to recover the sum of $2,016.03, less $800, ■alleged to be due the plaintiff for work and labor done and materials furnished in the construction of a hotel building, at Spartanburg, S. C., the contractors, Longest & Tessier, having sublet a part of their contract, viz., the plastering, to the plaintiff.
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Civil action-, tried before Lane, J., at March Term, 1919, of GuiL-FORD. The action was brought to recover the sum of $2,016.03, less $800, ■alleged to be due the plaintiff for work and labor done and materials furnished in the construction of a hotel building, at Spartanburg, S. C., the contractors, Longest & Tessier, having sublet a part of their contract, viz., the plastering, to the plaintiff. Longest & Tessier failed in business, and were adjudged bankrupts on 25 May, 1917. They were to furnish all labor and material required to perform the contract, as to furnishing labor .and material,…
1Opinion of the Court
Walker, J.,
after stating the facts as above: The gist of the controversy is that, as plaintiff alleges and contends, the settlement, receipt, and assignment were obtained, if not by fraud, then by mutual mistake of the parties. The issue as to the fraud was withdrawn, leaving only the issues as to the settlement, the mutual mistake and the damages. There was ample evidence to support the verdict, and the motion for a nonsuit was properly overruled.
Two questions remain for consideration, first, whether the judge should have given a different instruction in regard to the quantum or degree of…
2Cases cited14 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Lehew v. Hewett.Supreme Court of North Carolina · 1905
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- Lamb v. PerrySupreme Court of North Carolina · 1915
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