Cook v. . Ross
Supreme Court of North Carolina
Civil aotioN, heard on exceptions to a referee’s report before BoyTcin, J., at July Special Term, 1895, of GuilKobd Superior Court. His Honor sustained tbe exception and plaintiff, E. L. Emery, appealed. Tbe facts appear in tbe opinion of Associate Justice Montgomery.
1Opinion of the Court
Montgomery, J.:
Tbe plaintiff Emery claimed a balan ce to be due to him by lien for work and labor done as a mechanic. The matter was referred to T. J. Shaw to take the evidence and find the facts aud conclusions of law arising therefrom, who proceeded under the order of reference and made his report. His 5th finding of fact is as follows: “On the 7th of September, 189 — , after having inspected the propei'ty and machinery said Emery and Eoss entered into the following contract, to-wit: Emery in consideration of $6 per day, traveling expenses and board to be paid by Eoss, agreed to assist Eoss…
2Cases cited1 opinion
- Whitaker v. . SmithSupreme Court of North Carolina · 1879
3Cited by6 opinions
- Stephens v. . HicksSupreme Court of North Carolina · 1911
- Southeastern Steel Erectors, Inc. v. Inco, Inc.Court of Appeals of North Carolina · 1993
- Wilbur Smith & Associates, Inc. v. South Mountain Properties, Inc.Court of Appeals of North Carolina · 1976
- Alexander v. . FarrowSupreme Court of North Carolina · 1909
- Nash v. . SouthwickSupreme Court of North Carolina · 1897
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