Legal Opinion

East Side Builders, Inc. v. Brown

Supreme Court of North Carolina

Decided November 21, 1951No. 95PublishedCited by 13 opinions

1Opinion of the CourtDeNNY, J.

The defendants contend the judgment as of nonsuit should be upheld on two grounds: (1) Laches on the part of the plaintiffs; and (2) the failure of plaintiffs to prove facts sufficient to substantiate their alleged cause of action.(1) The weight of authority is to the effect that delay in asserting a right will not bar relief where it has not worked an injury to the prejudice or disadvantage of those adversely interested. 30 C. J.S., section 116, page 531, ei seq. “Laches is such delay in enforcing one’s rights as works disadvantage to another. ... To constitute laches a change in conditions…

2Cases cited17 opinions

  1. Teachey v. . GurleySupreme Court of North Carolina · 1938
  2. Davis v. RobinsonSupreme Court of North Carolina · 1925
  3. Davis v. . RobinsonSupreme Court of North Carolina · 1925
  4. Higdon v. JaffaSupreme Court of North Carolina · 1949
  5. Starkey v. GardnerSupreme Court of North Carolina · 1927

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Craven County v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1953
  2. City of Raleigh v. EdwardsSupreme Court of North Carolina · 1952
  3. In Re the Estate of MilesSupreme Court of North Carolina · 1964
  4. Logan v. SprinkleSupreme Court of North Carolina · 1961
  5. Farley v. HollerCourt of Appeals of North Carolina · 2007

8 more not listed; retrieve them via the Exa API.

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