Winstead v. . Reid
Supreme Court of North Carolina
This was an action of assumpsit for work and labor done. The defendant pleaded the general issue. On the trial before his Honor, Judge Dick, at Caswell, on the last Fall circuit, the evidence was, that the plaintiff, a house carpenter, had agreed to build certain specified additions to the dwelling house of the defendant, in which he resided with his family, for the sum of $200, and that the plaintiff voluntarily and without any fault of the defendant, abandoned his work…
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This was an action of assumpsit for work and labor done. The defendant pleaded the general issue. On the trial before his Honor, Judge Dick, at Caswell, on the last Fall circuit, the evidence was, that the plaintiff, a house carpenter, had agreed to build certain specified additions to the dwelling house of the defendant, in which he resided with his family, for the sum of $200, and that the plaintiff voluntarily and without any fault of the defendant, abandoned his work when it was about half finished; and although often requested by the defendant to return and finish the work according' to…
1Opinion of the CourtNash, C. J.
In respect to actions on contracts, tire ruléis, that where a special contract is made, the action for its breach must in general be on the special contract, while it is open and unperformed; and no action of indebitatus assumpsit for any thing done under it can be brought.. The plaintiff in this cáse undertook to do certain work for the defendant for a specified sum of money, and after the work was half accomplished, abandoned it, and refused to go on with or complete it. The special contract was still open, for the defendant requested the plaintiff to finish his work. The action is upon the…
2Cases cited1 opinion
- Jackson ex dem. Carman v. RoseveltNew York Supreme Court · 1816
3Cited by4 opinions
- McLean v. KeithSupreme Court of North Carolina · 1952
- Crowell v. Eastern Air Lines, Inc.Supreme Court of North Carolina · 1954
- Raby v. . CozadSupreme Court of North Carolina · 1913
- Simpson v. . R. R.Supreme Court of North Carolina · 1893