Thompson v. . Taylor
Supreme Court of North Carolina
Civil action, originally commenced before a Justice of the Peace for the county of Nash, and carried by appeal to the Superior Court of said county, and tried before Whitaker, /., at the Spring Term, 1891. The plaintiff claims pay for a balance due on an account against the husband defendant for work and labor and material furnished to build a house on the land of the feme defendant, and he seeks to enforce his lien upon the land of the /eme defendant, filed in the office of…
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Civil action, originally commenced before a Justice of the Peace for the county of Nash, and carried by appeal to the Superior Court of said county, and tried before Whitaker, /., at the Spring Term, 1891. The plaintiff claims pay for a balance due on an account against the husband defendant for work and labor and material furnished to build a house on the land of the feme defendant, and he seeks to enforce his lien upon the land of the /eme defendant, filed in the office of the Superior Court Clerk of Nash County. The feme defendant denies that she made any contract with the plaintiff. She…
1Opinion of the Court
Davis, J.:
No fraud is alleged or suggested, and it is too well settled to need discussion that no contract can bind a married woman, not a freetrader, unless executed in the manner prescribed by law. Farthing v. Shields, 106 N. C., 289; Weir v. Page, 109 N. C., 220.
But the counsel for the plaintiff say: “We rely on no promise (express or implied) of the feme defendant, but upon the law, which makes the contract for her, at least to the extent of having satisfaction out of her land to the extent of the value of the materials furnished and labor done in improving it.”
Counsel say: “The statute…
2Cases cited2 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Weir v. . PageSupreme Court of North Carolina · 1891
3Cited by7 opinions
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Stephens v. . HicksSupreme Court of North Carolina · 1911
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Weathers v. . BordersSupreme Court of North Carolina · 1897
- Nicholson v. . NicholsSupreme Court of North Carolina · 1894
2 more not listed; retrieve them via the Exa API.