Farrington v. . McNeill
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at tbe April Term, 1917, of Asi-ie. This was an action begun before a justice of tbe peace to recover on a bond for $40 and interest, dated 4 July, 1910, which was tried on appeal in tbe Superior Court.
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Appeal by defendant from Harding, J., at tbe April Term, 1917, of Asi-ie. This was an action begun before a justice of tbe peace to recover on a bond for $40 and interest, dated 4 July, 1910, which was tried on appeal in tbe Superior Court. Tbe bond was as follows: $40.00. Two years after date, I promise to pay Emma Farrington forty dollars, for value received, at 6 per cent per annum, it being purchase money for my interest in tbe land known as tbe Josh Cox home place. 4 July, 1910. W. S. McNeill, (seal) Witness: S. S. Revis, J. P. The execution of the note was admitted. The complaint and…
1Opinion of the CourtClark, C. J.
“Where the contract sued upon contains only a part of the agreement between the parties, it is competent to show the other part by parol evidence.” Faust v. Bohr, 167 N. C., 360; Buie v. Kennedy, 164 N. C., 290; Audit Co. v. Taylor, 152 N. C., 272; Colgate v. Latta, 115 N. C., 127.
This evidence was also compétent to show that the note sued upon was executed upon the condition of a contingency as to its payment. Hughes v. Crooker, 148 N. C., 318; Pratt v. Chaffin, 136 N. C., 350; Quin v. Sexton, 125 N. C., 447; Bresee v. Crumpton, 121 N. C., 122; Penniman v. Alexander, 111 N. C., 427.
The…
2Cases cited15 opinions
- Evans v. Freeman.Supreme Court of North Carolina · 1906
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- Pratt v. Chaffin.Supreme Court of North Carolina · 1904
- Buie v. KennedySupreme Court of North Carolina · 1913
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3Cited by14 opinions
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- Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
- Thomas v. . Carteret CountySupreme Court of North Carolina · 1921
- White v. Fisheries Products Co.Supreme Court of North Carolina · 1922
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