Swepson v. . Summey
Supreme Court of North Carolina
Assumpsit, tried before Henry, J., at December Special Term 1869 of Buncombe Court. Tbe facts appear sufficiently in tbe Opinion of tbe Court. There being a dispute as to wbattbe parties meant by tbe yerbal contract between tbem, as to tbe expression of wbicb there was no dispute; His Honor left it to tbe jury to say what that meaning was. Verdict for tbe defendant, &c., and appeal by tbe plaintiff.
1Opinion of the Court
Read®, J.
Where tbe terms of a contract are certain, and there is no evidence that tbe terms were used in any other than their ordinary sense, tbe construction or legal effect, is for tbe Court, and not for tbe jury.
It was error therefore to leave tbe construction of tbe contract to tbe jury. This error could be cured, however, if tbe jury bad found correctly: but such is not tbe fact.
Tbe defendant having paid to tbe plaintiff all of a certain debt, supposed to be $30,000, except a supposed remainder of $5,500, it was agreed that tbe supposed remainder should be paid with $2,500, in such notes…
2Cited by1 opinion
- Lee v. . KnappSupreme Court of North Carolina · 1884