Smith v. . Holmes
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at May Term, 1914, of JacksoN. Civil action, tried upon these issues: 1. Did the defendants breach their contract with the plaintiffs, as alleged in the complaint ? Answer; “Yes.” 2. "What damage, if any, is the plaintiff entitled to recover ? Answer: “One cent.” 3. Is the plaintiff indebted to the defendants on their counterclaim? Answer: “No.” 4. If the plaintiff be so indebted, in what amount? Answer: “Nothing.”
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Appeal by plaintiff from Garter, J., at May Term, 1914, of JacksoN. Civil action, tried upon these issues: 1. Did the defendants breach their contract with the plaintiffs, as alleged in the complaint ? Answer; “Yes.” 2. "What damage, if any, is the plaintiff entitled to recover ? Answer: “One cent.” 3. Is the plaintiff indebted to the defendants on their counterclaim? Answer: “No.” 4. If the plaintiff be so indebted, in what amount? Answer: “Nothing.” From tbe judgment rendered, tbe plaintiff appealed.
1Opinion of the CourtBeowjst, J.
This is a civil action, brought by tbe plaintiff against tbe defendants, for damages for breach of contract for tbe purchase and removal of timber belonging to tbe plaintiff from a certain boundary of land described in said contract. Tbe defendants answered and denied that tbe terms of tbe contract were as set out in tbe complaint, but it is admitted that they entered into a contract with S. Montgomery Smith, brother of tbe plaintiff, whereby said defendants took over and assumed tbe performance of a contract that said S. Montgomery Smith bad previously entered into with tbe plaintiff, George…
2Cases cited4 opinions
- Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- First National Bank v. Eureka Lumber Co.Supreme Court of North Carolina · 1898
- Rickert v. Southern Railway Co.Supreme Court of North Carolina · 1898
3Cited by3 opinions
- Thompson v. AndersonUtah Supreme Court · 1944
- Armour Fertilizer Works v. CoxSupreme Court of North Carolina · 1924
- Hemphill v. . GaitherSupreme Court of North Carolina · 1920