Smithfield Improvement Co. v. Coley-Bardin
Supreme Court of North Carolina
Appeal from Whedbee, J., at March Term, 1911, of JohN-STON. Summary proceeding in ejectment. The question of possession was not at issue, as defendant had surrendered possession. At the close of the evidence the court instructed the jury to return a verdict for the plaintiff for $163.50, $150 balance due as rent .and $13.50 amount due for pillows. It is admitted that is the sum due plaintiff by defendant for rent and towels.
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Appeal from Whedbee, J., at March Term, 1911, of JohN-STON. Summary proceeding in ejectment. The question of possession was not at issue, as defendant had surrendered possession. At the close of the evidence the court instructed the jury to return a verdict for the plaintiff for $163.50, $150 balance due as rent .and $13.50 amount due for pillows. It is admitted that is the sum due plaintiff by defendant for rent and towels. The defendant offered certain evidence tending to establish a counterclaim, which was excluded, and defendant excepted.
1Opinion of the CourtBbowkt, J.
Plaintiff leased by contract in writing to defendant -its hotel, including the waterworks and connections used exclusively to supply it with water.' This proceeding was brought to eject defendant and recover balance of rent due plaintiff. Defendant pleaded a counterclaim, viz., that under the rental contract between the plaintiff and the defendant, the plaintiff rented to the defendant the waterworks and all connections thereto belonging. That it was the duty of the plaintiff to keep said waterworks and connections in proper repair and in good condition, so that a supply of water could be had…
2Cases cited3 opinions
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- Doupe v. . GeninNew York Court of Appeals · 1871
- McKeon v. CutterMassachusetts Supreme Judicial Court · 1892
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- In Re BarnettCourt of Appeals for the Second Circuit · 1926
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- Fields v. . OgburnSupreme Court of North Carolina · 1919
- Godfrey v. Western Carolina Power Co.Supreme Court of North Carolina · 1925
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