Seawell v. Parsons Lumber Co.
Supreme Court of North Carolina
Appeal from order of Daniels, J., at January Term, 1916, of EobbsoN, setting aside a judgment under section 513 of tbe Eevisal. Tbe action was commenced in Eobeson County on 9 April, 1914, and tbe summons was served on tbe defendant 14 April, 1914. Tbe purpose of tbe action was to recover damages for an alleged breach of contract in tbe purchase of certain timber lands in Bladen County.
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Appeal from order of Daniels, J., at January Term, 1916, of EobbsoN, setting aside a judgment under section 513 of tbe Eevisal. Tbe action was commenced in Eobeson County on 9 April, 1914, and tbe summons was served on tbe defendant 14 April, 1914. Tbe purpose of tbe action was to recover damages for an alleged breach of contract in tbe purchase of certain timber lands in Bladen County. Tbe complaint was filed 27 January, 1915, and tbe judgment for $3,000 was rendered at February Term, 1915, about six weeks after the filing of tbe complaint and about, ten months after tbe commencement of tbe…
1Opinion of the CourtAeleN, J.
Tbe distinction between tbe negligence of counsel, while engaged in tbe performance of a professional duty, and the negligence of tbe party, is clearly marked, and tbe uniform rule with us is tbat the negligence of tbe first will not be attributed to tbe client if he, himself, is in no fault; and this is true without regard to the solvency or insolvency of counsel. Schiele v. Ins. Co., 171 N. C., 426, and cases there cited.
It is equally well settled tbat if tbe attorney is acting outside of bis employment as attorney, and is engaged in tbe performance of an act wbicli the client can perform,…
2Cases cited7 opinions
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Pepper v. Clegg.Supreme Court of North Carolina · 1903
- Manning v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1898
- Schiele v. . Insurance Co.Supreme Court of North Carolina · 1916
- Edwards v. Town of HendersonSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sutherland v. McLeanSupreme Court of North Carolina · 1930
- William L. Brinkley v. Farmers Elevator Mutual Insurance Company, a Corporation, Helen L. Brinkley v. Farmers Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1973
- Beaufort Lumber Co. v. CottinghamSupreme Court of North Carolina · 1917
- Sutherland v. . McLeanSupreme Court of North Carolina · 1930
- Wood v. WoodSupreme Court of North Carolina · 1979
6 more not listed; retrieve them via the Exa API.