Green v. A. F. Messick Grocery Co.
Supreme Court of North Carolina
Appeal from Long, J., at tbe February Term, 1910, of Foe-syth. Civil action to recover for money bad and received and damages for fraudulent representations.
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Appeal from Long, J., at tbe February Term, 1910, of Foe-syth. Civil action to recover for money bad and received and damages for fraudulent representations. These issues were submitted to tbe jury: 1. Did tbe defendant mate tbe fraudulent representation, as alleged in tbe complaint, and witb tbe intent to procure money from tbe plaintiffs without adequate returns, and thereby obtain four hundred dollars ($400) from tbe plaintiffs and cause them' to incur tbe expenses, as alleged, in tbe complaint? Answer: No. 2. "What amount, if anything, are tbe plaintiffs entitled to recover of tbe…
1Opinion of the CourtBeowN, J.
Tbe plaintiffs seek to recover of tbe defendants tbe sum of $400, as money bad and received and remitted to defendant on account of certain negotiations between plaintiffs and defendant in regard to renting a hotel.
It appears that defendant owned tbe Hotel Forsyth in 'Winston-Salem and advertised it for rent. Tbe advertisement was answered by plaintiffs who resided in St. Louis, and what contract, if any was entered into, is embodied in tbe written correspondence between tbe parties.
It is claimed by plaintiffs that there was no completed contract between them and defendant, and secondly, that…
2Cases cited2 opinions
- Eliason v. HenshawSupreme Court of the United States · 1819
- Cozart v. . HerndonSupreme Court of North Carolina · 1894
3Cited by5 opinions
- Clark v. East Lake Lumber Co.Supreme Court of North Carolina · 1912
- Lane v. . Insurance CompanySupreme Court of North Carolina · 1906
- Greene v. A. F. Mesick Grocery Co.Supreme Court of North Carolina · 1912
- Greene v. . JacksonSupreme Court of North Carolina · 1925
- Golding v. . FosterSupreme Court of North Carolina · 1924