Bailey v. . Rutjes
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Burke Superior Court, before Seymour, J. This action is brought to enforce a mechanic’s lien upon the property of the “ Glen Alpine Springs Company,” composed of the defendants Walton and Pearson, for lumber furnished and used in repairing and erecting buildings on its premises.
Read the full summary
Civil Action tried at Fall Term, 1881, of Burke Superior Court, before Seymour, J. This action is brought to enforce a mechanic’s lien upon the property of the “ Glen Alpine Springs Company,” composed of the defendants Walton and Pearson, for lumber furnished and used in repairing and erecting buildings on its premises. On the part of those defendants, it is insisted that the lumber was not furnished to their company, but to their co-defendant, Rutjes, and upon his sole responsibility — he having leased the premises for five years, and being in possession thereof, at the time the lumber was…
1Opinion of the CourtRuffin, J.
The action is one for goods sold and delivered, and as said by His Honor, in order to maintain it, the plaintiff must show a contract, express or implied, on the part of the defendants to pay him for the lumber furnished. As the case discloses no facts going to show the existence of any express contract, at least prior to the date of the delivery, we are driven to conclude that the verdict was, or may have been, controlled by that part of the instructions which had reference to the implied contract.
The defendants complain of this, and we think justly so, because it made the case to turn, not…
2Cases cited5 opinions
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Brunhild v. . FreemanSupreme Court of North Carolina · 1877
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Pendleton v. . JonesSupreme Court of North Carolina · 1880
3Cited by22 opinions
- Brown v. . WardSupreme Court of North Carolina · 1942
- Roberta Manufacturing Co. v. Royal Exchange Assurance Co.Supreme Court of North Carolina · 1912
- N. & W. Overall Co. v. HolmesSupreme Court of North Carolina · 1923
- Hedgepeth v. . RoseSupreme Court of North Carolina · 1886
- Harlow v. Oregonian Pub. Co.Oregon Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.