Wilson Miller v. . Derr
Supreme Court of North Carolina
This was a civil action to enforce a mechanics’ lien tried at the Spring Term, 1873, of the Superior Court of Lincoln county, before his Honor, Logan, J. On the trial, the plaintiff had 'a verdict and judgment, and the defendant appealed. The case is sufficiently stated in the opinion of the Court. 1. The construction of a written contract is for the Court, and not for the jury.
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This was a civil action to enforce a mechanics’ lien tried at the Spring Term, 1873, of the Superior Court of Lincoln county, before his Honor, Logan, J. On the trial, the plaintiff had 'a verdict and judgment, and the defendant appealed. The case is sufficiently stated in the opinion of the Court. 1. The construction of a written contract is for the Court, and not for the jury. Brovm v. Hatton, 9 Ired., 327; Fesperman v. Parker, 10 Ired., 23 ; Sizemore v. Morrow, 6 Ired., 53 ; Collins v. Benbury, 5 Ired., 118. 2. If a party introduce in evidence a wilting to claim a benefit or advantage…
1Opinion of the CourtRodman, J.
The plaintiffs complain that defendant was indebted to them in $407.12, due the 1st of December, 1871, for work done, that defendant paid them $102 in cash, -and had an account against them for $37.47, which they allowed as a further deduction, leaving a balance due of $267.65 for which they claimed judgment.
Defendant denies that he owes plaintiffs, ancl for a second defence, by way of counter claim, sa,ys that plaintiffs owe him $12 for the board of their horse, and $75 damages for breach of contract in not finishing the work by the time ■agreed on.
The only matter in controversy which need…
2Cases cited1 opinion
- Stith v. . LockabillSupreme Court of North Carolina · 1873
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- Harper v. . Dail Bro.Supreme Court of North Carolina · 1885
- Overby v. Fayetteville Building & Loan Ass'nSupreme Court of North Carolina · 1879
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