Pearson v. Millard
Supreme Court of North Carolina
ActioN tried before Peebles, J., and a jury, at May Term, 1908, of Buncombe. Plaintiff, Mts. Pearson, being the owner of the property in controversy, known as the Fanners Warehouse, in Asheville, N. C., together with her husband, Richmond Pearson, on 19 December, 1901, leased it to defendant Millard and H. W. Las-ater, his copartner, for the term of-five years, at a rental of $60 a month, the term to begin 3 July, 1902. The lease contained a number of provisions, none of…
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ActioN tried before Peebles, J., and a jury, at May Term, 1908, of Buncombe. Plaintiff, Mts. Pearson, being the owner of the property in controversy, known as the Fanners Warehouse, in Asheville, N. C., together with her husband, Richmond Pearson, on 19 December, 1901, leased it to defendant Millard and H. W. Las-ater, his copartner, for the term of-five years, at a rental of $60 a month, the term to begin 3 July, 1902. The lease contained a number of provisions, none of which are necessary to be set out, except the following: “It is understood and agreed between the parties hereto that the…
1Opinion of the Court
Connor, J.,
after Stating the case: Plaintiffs except and assign as error bis Honor’s refusal to submit the issue, “Did defendant offer to comply witb all of the conditions of the written contract mentioned in the pleadings, as alleged in the answer ?” His Honor submitted separate issues directed to the several conditions in the lease, and tbis, we think, was proper. Every controverted question of the fact was settled by the verdict upon the issues submitted. Tbe exception cannot be sustained.
Plaintiffs assign as error the admission of the-assignment by Lasater to defendant." It was certainly…
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