Lawing v. . Rintles
Supreme Court of North Carolina
This was a civil ACTION, tried before Montgomery, Judge, at the November Special Term, 1886, of the Superior Court of MECKLENBURG CoUllty.
Read the full summary
This was a civil ACTION, tried before Montgomery, Judge, at the November Special Term, 1886, of the Superior Court of MECKLENBURG CoUllty. The plaintiff alleges that about the 27th of June, 1883, he contracted to furnish the material and erect certain houses .and fences on the lot of the defendant, in the city of Charlotte, and have the same completed by the 1st day of October, 1883, for which the defendant was to pay to him the sum of $2,950, in installments, as the work was performed. That he entered upon the work of erecting the said houses, and performed a large portion of the work and…
1Opinion of the Court
Davis, J.,
(after stating the facts). It is contended for the plaintiff, that he was entitled to pay for the material furnished, and the work and labor done on the buildings up to the time of their destruction by fire, and for this he cites many authorities; but upon examination they do not sustain the position. Brewer v. Tysor, 3 Jones, 183, referred to, is direct authority the other way. The Court say that the contract being an entire one, the plaintiff cannot recover unless he avers and proves an entire performance. The plaintiffs sought to relieve themselves of the obligation to perforin…
2Cited by14 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- Kelly v. . OliverSupreme Court of North Carolina · 1893
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Sykes v. . Insurance Co.Supreme Court of North Carolina · 1908
- State v. LewisSupreme Court of North Carolina · 2005
9 more not listed; retrieve them via the Exa API.