Remington v. . Kirby
Supreme Court of North Carolina
AotioN for damages for unlawful entry by defendant on land which he had leased to the plaintiff, tried before Star-buck, J., and a jury, at January Term, 1896, of New Hanover Superior Court. The issues submitted to the jury, and the references thereto, were as follows: “I. Did the plaintiff abandon the land described in the lease? A. No. II. Did the plaintiff, on his part and before the entry of the defendant, comply with the terms of the lease? A. Yes. III.
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AotioN for damages for unlawful entry by defendant on land which he had leased to the plaintiff, tried before Star-buck, J., and a jury, at January Term, 1896, of New Hanover Superior Court. The issues submitted to the jury, and the references thereto, were as follows: “I. Did the plaintiff abandon the land described in the lease? A. No. II. Did the plaintiff, on his part and before the entry of the defendant, comply with the terms of the lease? A. Yes. III. What amount, if any, is plaintiff entitled to recover as actual damages? A. $608.90. IV. What amount, if any, shall plaintiff recover by…
1Opinion of the Court
Faiecloth, O. J.
The principal contention of defendant (appellant) before this court was, that there was not sufficient evidence to entitle plaintiff to punitive or exemplary damages, and he requested his Honor to so instruct the jury, which was refused. The defendant, admitting the lease and entry in March, insisted that the latter was lawful by reason of the forfeiture clause in the contract, and, if the entry was unlawful, it was made in good faith and under an honest belief of his right to do so. The jury found these questions against defendant.
The defendant’s eleventh prayer for…
2Cases cited3 opinions
- Hansley v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894
- Waters v. Greenleaf-Johnson Lumber Co.Supreme Court of North Carolina · 1894
- Duncan v. . StalcupSupreme Court of North Carolina · 1836
3Cited by9 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Worthy v. . KnightSupreme Court of North Carolina · 1936
- Jackson v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Saunders v. GilbertSupreme Court of North Carolina · 1911
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