W. F. Main Co. v. Field
Supreme Court of North Carolina
Civil actios, beard by Justice, J., and a jury, at tbe October Term, 1906, of tbe Superior Court of ScotlaND County. Tbis action was commenced before a justice of tbe peace to recover on an account $150 for goods sold and delivered.
Read the full summary
Civil actios, beard by Justice, J., and a jury, at tbe October Term, 1906, of tbe Superior Court of ScotlaND County. Tbis action was commenced before a justice of tbe peace to recover on an account $150 for goods sold and delivered. Tbe following issues were submitted: 1. Was tbe contract set out in tbe complaint obtained from defendants by tbe false and fraudulent representation of plaintiff ? Answer: Yes. 2. Wbat was tbe value of tbe goods sold and delivered by plaintiff to defendants? Answer: Nothing over freight. 3. Did defendants notify plaintiff of defects in tbe goods and give him…
1Opinion of the CourtBrown, J.
1. the plaintiff tendered the following issue: “Wbat is the amount due under the contract” ? and excepted to the issues submitted. We think the issues passed upon by the jury are entirely responsive to the allegations of the pleadings, and that under them each party bad the opportunity to offer evidence bearing upon every phase of the controversy. Those material matters which are alleged on the one side and denied on the other should be submitted in the form of issues to the jury, and this applies to new matter alleged in the answer and not mentioned in the complaint. Shaw v. McNeill, 95 N.…
2Cases cited3 opinions
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Main v. Griffin.Supreme Court of North Carolina · 1906
- Shaw Bros. v. McNeillSupreme Court of North Carolina · 1886
3Cited by18 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Swift Co. v. . AydlettSupreme Court of North Carolina · 1926
- Swift & Co. v. AydlettSupreme Court of North Carolina · 1926
- Griffin v. United Services Life InsuranceSupreme Court of North Carolina · 1945
- Ashford v. H. C. Shrader Co.Supreme Court of North Carolina · 1914
13 more not listed; retrieve them via the Exa API.