Legal Opinion

Lutz v. . Thompson

Supreme Court of North Carolina

Decided October 5, 1882PublishedCited by 22 opinions

Civil Action tried at Spring Term, 1882, of Cleaveland Superior Court, before Oudger, J. This cause was begun before a justice and taken by appeal to the superior court-, and comes here upon a single exception touching the admissibility of certain testimony offered by the defendant and excluded by the court.

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Civil Action tried at Spring Term, 1882, of Cleaveland Superior Court, before Oudger, J. This cause was begun before a justice and taken by appeal to the superior court-, and comes here upon a single exception touching the admissibility of certain testimony offered by the defendant and excluded by the court. The action is brought upon a plain bend for $16.11, dated July 31st, 1876, and given by the defendant to the feme plaintiff, the consideration being, as expressed upon its face, “real estate.” Its execution and delivery were admitted by the defendant, but he put in evidence a paper, a…

1Opinion of the Court

Ruffin, J.,

after stating the above. In the opinion of this court, the evidence of the defendant was improperly excluded. Not that he could by parol annex to his bond a condition which upon its face it did not bear, or avail himself, in the present state of the pleadings, of a failure in its consideration; but upon the ground that the evidence tended to show that the contract, of which the bond sued on constitutes only a part, is still incomplete ; or rather to establish the fact that, instead of a contract, the stipulations between the parties amounted only to a proposed contract, which has…

2Cases cited1 opinion

  1. McAdoo v. Callum Bros.Supreme Court of North Carolina · 1882

3Cited by22 opinions

  1. Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
  2. Walker v. Miller.Supreme Court of North Carolina · 1905
  3. Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
  4. Levin v. Gladstein.Supreme Court of North Carolina · 1906
  5. Stacey Cheese Co. v. PipkinSupreme Court of North Carolina · 1911

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