Harris v. . Murphy
Supreme Court of North Carolina
Civil aotioN, tried before Boykin, J., and a jury, at Fall Term, 1895, of Beaufort Superior Court. From a judgment for the plaintiff the defendants appealed. The facts and assignments of error appear in the opinion of Associate Justice Montgomery.
1Opinion of the Court
MoNtgomery, J. :
This action was commenced in the court of a justice of the peace to recover of the defendant an amount alleged to be due to the plaintiff for work and labor performed for the defendant in raising a sunken flat or barge filled with coal, and for other services rendered in connection therewith. The first cause of action sets out an express contract, the second declares as for a quantum meruit. The defendant denies the right of the plaintiff 1o recover on the ground that the contract was in writing and entire, and that the plaintiff has not performed his part of the same. The…
2Cases cited5 opinions
- Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
- State v. . RogersSupreme Court of North Carolina · 1885
- Jackson v. Commissioners of Greene CountySupreme Court of North Carolina · 1877
- Meekins v. . NewberrySupreme Court of North Carolina · 1888
- Weisenfield & Co. v. McLeanSupreme Court of North Carolina · 1887
3Cited by14 opinions
- Freeman v. . BellSupreme Court of North Carolina · 1909
- Palmer v. . LowderSupreme Court of North Carolina · 1914
- Davis Sulphur Ore Co. v. PowersSupreme Court of North Carolina · 1902
- Farmers Co-Operative Fertilizer Co. v. EasonSupreme Court of North Carolina · 1927
- McKinney v. . MatthewsSupreme Court of North Carolina · 1914
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