Pruden v. Asheboro & Montgomery Railroad
Supreme Court of North Carolina
Civil actioN for an alleged balance due on contract for work done by plaintiff for defendant tried before Coble, J., and a jury at July Term, 1897, of RANDOLPH Superior Court. There was a verdict for the plaintiff and from the judgment thereon the defendant appealed. The facts appear in the opinion.
1Opinion of the Court
Furches, J.:
The plaintiff had a contract with defendant to grade its road-bed from Star to Asheboro. The plain tiff did the work and defendant paid plaintiff thereon the sum of $7,744.48, leaving an admitted balance still due the plaintiff. But they differed as to this amount, as the plaintiff contended that the estimates were to'be made by one rule, and the defendant contended they were to be made by another. The plaintiff .contended that the work of grading amounted to $12,620.04, and that the amount still due him was the difference between $12,620.04 and $7,744.48; while the defendant…
2Cases cited2 opinions
- Long v. . MillerSupreme Court of North Carolina · 1885
- Gregory v. . BullockSupreme Court of North Carolina · 1897
3Cited by6 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Deloache v. . DeloacheSupreme Court of North Carolina · 1925
- Hooper v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1925
- Winstead v. . FarmerSupreme Court of North Carolina · 1927
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