Dunn v. Currie.
Supreme Court of North Carolina
ActioN by B. T. Dunn against J. C. Currie, Administrator of Thomas Bunnell, beard by Judge B. B. Peebles and a jury, at the September Term, 1905, of the Superior Court of MONTGOMERY. The plaintiff -sued to recover to his own use the sum of $243.80 for work done, labor performed and services rendered by himself and family for Thomas Bunnell, the intestate of the defendant.
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ActioN by B. T. Dunn against J. C. Currie, Administrator of Thomas Bunnell, beard by Judge B. B. Peebles and a jury, at the September Term, 1905, of the Superior Court of MONTGOMERY. The plaintiff -sued to recover to his own use the sum of $243.80 for work done, labor performed and services rendered by himself and family for Thomas Bunnell, the intestate of the defendant. He testified as follows: “Q. Did you ever do any work on the land of Thomas Bunnell? A. I worked on the land in cultivating it; I worked on the building; cannot tell the date; it was worth 15 cents per day.” He further…
1Opinion of the Court
Walker, J.,
after stating tbe case: The testimony of the plaintiff, which was admitted by the court over the objection of the defendant, was incompetent and should have been excluded. If it did not clearly show a transaction or communication between the plaintiff and the intestate, from which the law would imply a promise by the latter to pay for the services alleged to have been rendered, then it was wholly irrelevant and did not tend to establish the plaintiff’s cause of action for work done and labor performed for the intestate. From the fact that labor is performed and services are…
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- Dodson v. . McAdamsSupreme Court of North Carolina · 1887
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