Lawrence v. . Hester
Supreme Court of North Carolina
Contract, Special and Implied — Variance—Pleading—Evidence Verdict. This was a civil action tried before Shepherd, Judge, at the Spring Term, 1885, of the Superior Court of VANCE county. The plaintiff’s action is to recover judgment for a debt due his intestate secured by a couveyánce of land, and for a foreclosure by sale thereof.
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Contract, Special and Implied — Variance—Pleading—Evidence Verdict. This was a civil action tried before Shepherd, Judge, at the Spring Term, 1885, of the Superior Court of VANCE county. The plaintiff’s action is to recover judgment for a debt due his intestate secured by a couveyánce of land, and for a foreclosure by sale thereof. The defendants assert a counter-claim against the deceased for $2,000, or more, as due the feme defendant for board and services rendered during a series of years to the intestate, and for which it was understood and agreed between them he should make provisions by…
1Opinion of the CourtSmith, C. J.
(after stating the case). 1. The refused issue was rendered immaterial by the declaration of counsel that no claim was made for the unascertained value of the services and supplies, but that it was based upon a special contract, and the affirmative finding of the jury upon that submitted to them. Where there is a special contract there can be none implied by law. The one when complete excludes the others, and the defendants had the right to ask a recovery upon their ability to prove what they alleged.
“The law presumes a promise,” is the language of Mr. Green-leaf iu sec. 103 of the 2nd volume…
2Cases cited2 opinions
- Ducker v. . CochraneSupreme Court of North Carolina · 1885
- State Ex Rel. City of Greensboro v. ScottSupreme Court of North Carolina · 1881
3Cited by14 opinions
- Vetco Concrete Company v. TROY LUMBER COMPANYSupreme Court of North Carolina · 1962
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Ron Medlin Construction v. HarrisSupreme Court of North Carolina · 2010
- State v. . KigerSupreme Court of North Carolina · 1894
- Keith v. DayCourt of Appeals of North Carolina · 1986
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