Minton v. . Early
Supreme Court of North Carolina
, Appeal by plaintiff from Calvert, J., at the August Term, 1921, of EeRtié. Civil action, beard on appeal from a justice’s court.
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, Appeal by plaintiff from Calvert, J., at the August Term, 1921, of EeRtié. Civil action, beard on appeal from a justice’s court. The action, purporting to bé under C. S., 4480, is instituted by plaintiff, a former landlord, against defendants, on averment tbat one Jack Outlaw, after agreeing to make a crop on certain lands of plaintiff for 1918, and receiving advancements for said purpose as plaintiff’s tenant to tbe amount of $19.82, wrongfully and willfully abandoned said crop without paying plaintiff for said advancements. And tbat defendants, witb full knowledge of said abandonment, and…
1Opinion of the CourtHoke, J.
The action is based upon O. S., 4480, and if this were a walid law, we see no reason why an action ex contráctil, could not be maintained for the jurisdictional amount of $200, on the same principle we uphold in allowing a recovery for a statutory penalty; debt being maintainable for a “sum certain or readily reducible to certainty from fixed data or per agreement.” Katzenstein v. R. R., 84 N. C., 688; 2d Waites Action and Defenses, p. 109; 1st Ohitty’s Pleadings, 108-109;-8th Encyclopedia of Law (2 ed.).
But, in our opinion, the statute referred to, imposing as it does the punishment of fine…
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