Munday v. . Whissenhunt
Supreme Court of North Carolina
Civil ActjoN tried at Fall Term, 1883, of Catawba Superior Court, before Graves, J. The plaintiff brought this action to recover compensation for services rendered by him to David Whissenhunt, the testator of the defendants, under a contract in writing and under seal, of which the following is a copy: “This day I, David Whissenhunt, do agree for said J. F. Monday, of Alexander county, to have one-half of whatever I may recover in the suit or secure iu 'settlement, between,…
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Civil ActjoN tried at Fall Term, 1883, of Catawba Superior Court, before Graves, J. The plaintiff brought this action to recover compensation for services rendered by him to David Whissenhunt, the testator of the defendants, under a contract in writing and under seal, of which the following is a copy: “This day I, David Whissenhunt, do agree for said J. F. Monday, of Alexander county, to have one-half of whatever I may recover in the suit or secure iu 'settlement, between, me ami W. C. Jones, for the services I have employed him to do for me in the suit,'or in settlement between me and Jones;…
1Opinion of the CourtMeruijioN, J.
As no special grounds of error are assigned in the record, it becomes necessary to determine whether or not, in any view of the whole record, the plaintiff was entitled to recover. His counsel insisted in the argument before us, that the allegations in the complaint constituted a good cause of action, and the defendants having denied the same, the evidence introduced on the trial fully proved them, and, therefore, the court erred in holding that the plaintiff could in no wise recover.
It is a clear principle of law, that an engagement, whether under seal or by parol, to do an immoral act or…
2Cited by7 opinions
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- Waychoff v. WaychoffSupreme Court of Pennsylvania · 1932
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- Merrell v. . StuartSupreme Court of North Carolina · 1941
- Merrell v. StuartSupreme Court of North Carolina · 1941
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