Tull v. Trustees of M. E. Church South
Supreme Court of North Carolina
Civil Action, on an open account, tried before big Honor Judge Syemour, and a jury, at Spring Term, 1876, of Lenoir Superior Court. The action was brought to recover of the defendants three hundred and eighty-eight 53-100 dollars, the price of certain bricks and lumber, sold and delivered by plaintiff. The plaintiff, on his own behalf, testified that in the latter part of the year 1860, one Dr. Lewis Miller came to his house to purchase brick for the church.
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Civil Action, on an open account, tried before big Honor Judge Syemour, and a jury, at Spring Term, 1876, of Lenoir Superior Court. The action was brought to recover of the defendants three hundred and eighty-eight 53-100 dollars, the price of certain bricks and lumber, sold and delivered by plaintiff. The plaintiff, on his own behalf, testified that in the latter part of the year 1860, one Dr. Lewis Miller came to his house to purchase brick for the church. He wanted to buy about forty thousand. Plaintiff told him, that if he would become personally responsible for the brick, he would let…
1Opinion of the CourtReade, J.
The plaintiff furnished the defendants with brick and lumber, which they received and used in building their church. This clearly entitles the plaintiff to recover the value of the articles.
The defence set up is that Miller, one of the trustees of the church and one of the building committee, promised the, trustees that he would furnish the brick and lumber as a gift without charge, and when the plaintiff delivered the ar-. tides, and the trustees received and used them, they, the trustees, supposed that Miller was furnishing them, as he had agreed to do. Now, that this was a gross imposition…
2Cited by2 opinions
- Brown v. . MorrisSupreme Court of North Carolina · 1880
- Pepper v. . HarrisSupreme Court of North Carolina · 1878