Legal Opinion
Millikan v. Simmons
Supreme Court of North Carolina
Decided May 23, 1956No. 598PublishedCited by 14 opinions
1Opinion of the CourtHiggins, J.
The admissions of the parties in their pleadings and in their testimony eliminated issues 1 and 3 from controversy. The defendant having admitted the execution and delivery of the option justified a peremptory instruction to the jury to answer the first issue “yes.” Rhodes v. Raxter, 242 N.C. 206, 87 S.E. 2d 265; Davis v. Warren, 208 N.C. 174, 179 S.E. 329; Mercantile Co. v. Ins. Co., 176 N.C. 545, 97 S.E. 476.
As to the third issue, the defendant admitted she delivered to the plaintiff the notice of cancellation dated 23 July. Notice from her that she would not carry out the terms of the…
2Cases cited11 opinions
- Mayer v. . AdrianSupreme Court of North Carolina · 1877
- Rhodes v. RaxterSupreme Court of North Carolina · 1955
- Smith v. . JoyceSupreme Court of North Carolina · 1939
- Douglass v. BrooksSupreme Court of North Carolina · 1955
- Gaylord v. . McCoySupreme Court of North Carolina · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kidd v. EarlySupreme Court of North Carolina · 1976
- Rural Plumbing & Heating, Inc. v. H. C. Jones Construction Co.Supreme Court of North Carolina · 1966
- Royal Investment Group, LLC v. WangCourt of Special Appeals of Maryland · 2008
- Doss Ex Rel. Doss v. SewellSupreme Court of North Carolina · 1962
- Northgate Shopping Center, Inc. v. State Highway CommissionSupreme Court of North Carolina · 1965
9 more not listed; retrieve them via the Exa API.