Cobb v. Clegg.
Supreme Court of North Carolina
ActioN by Marion Cobb and another against W. F. Clegg, heard by Judge II. B. Brycm, at chambers, at Greensboro, N. C., on September 19, 1904. The plaintiffs brought this aotion to obtain an injunction restraining the defendant from using a. room in the Hotel Guilford, which is situated in the city of Greensboro, as a cafe, restaurant or eating place contrary to the covenant contained in the lease of the said room to the defendant’s assignor.
Read the full summary
ActioN by Marion Cobb and another against W. F. Clegg, heard by Judge II. B. Brycm, at chambers, at Greensboro, N. C., on September 19, 1904. The plaintiffs brought this aotion to obtain an injunction restraining the defendant from using a. room in the Hotel Guilford, which is situated in the city of Greensboro, as a cafe, restaurant or eating place contrary to the covenant contained in the lease of the said room to the defendant’s assignor. They allege that on or about the 11th day of April, 1904, they leased the room verbally to one Sam Chouris for one year to be used by him as a fruit,…
1Opinion of the Court
Walker, J.,
after stating the case. The plaintiffs contend that the contract or lease was not one required to be in writing and that, as the entire agreement was not reduced to writing and not intended to be, but a distinct and independent part of it remained in parol, the plaintiffs are not forbidden to show the existence of the unwritten stipulation by oral evidence. They admit that when parties reduce their agreement to writing it is a rule of evidence that parol testimony is not admissible to contradict, add to or vary it; for although there may be no law requiring the particular agreement…
2Cases cited22 opinions
- Moffitt v. . ManessSupreme Court of North Carolina · 1889
- Jarman v. . SaundersSupreme Court of North Carolina · 1870
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Ray v. . BlackwellSupreme Court of North Carolina · 1886
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
17 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- A.E.P. Industries, Inc. v. McClureSupreme Court of North Carolina · 1983
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- State v. ScottSupreme Court of North Carolina · 1921
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- State v. . ScottSupreme Court of North Carolina · 1921
46 more not listed; retrieve them via the Exa API.