Edwards v. . Proctor
Supreme Court of North Carolina
Civil actiow, tried before Whedbee, Jand a jury, at October Term, 1916, of Beaufort. Plaintiff Riley W. Edwards brought an action in the Superior Court of Beaufort County against PI. PI. Proctor and L. Y. Holliday to recover damages for a breach of a contract by which they employed him to cut timber on their land, and they brought an action in Pitt County against him to recover a balance due on said contract to them by Edwards.
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Civil actiow, tried before Whedbee, Jand a jury, at October Term, 1916, of Beaufort. Plaintiff Riley W. Edwards brought an action in the Superior Court of Beaufort County against PI. PI. Proctor and L. Y. Holliday to recover damages for a breach of a contract by which they employed him to cut timber on their land, and they brought an action in Pitt County against him to recover a balance due on said contract to them by Edwards. The two cases were consolidated, and by agreement tried together in Beaufort County, and the following verdict rendered under the instructions of the court: 1. Did the…
1Opinion of the Court
Wai.kkr, J.,
after stating the case: When parties enter into a contract for the performance of some act in the future, they impliedly promise that, in the meantime, neither will do anything to the harm or prejudice of the other inconsistent with the contractual relation they have assumed. The promisee, it also has been said (and this seems to to the better reason), has an inchoate right to the performance of the bargain, which becomes complete when the time for such performance has arrived, and, meanwhile, he has a right to have the contract kept open as a subsisting and effective one, as its…
2Cases cited4 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Winders v. . KenanSupreme Court of North Carolina · 1918
3Cited by19 opinions
- Christenbury Eye Ctr., P.A. v. Medflow, Inc.Supreme Court of North Carolina · 2017
- Tillis v. Calvine Cotton Mills, Inc.Supreme Court of North Carolina · 1959
- Cook v. LawsonCourt of Appeals of North Carolina · 1968
- Pappas v. . CristSupreme Court of North Carolina · 1943
- Messer v. Laurel Hill AssociatesCourt of Appeals of North Carolina · 1989
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