Legal Opinion

Farrington v. . McNeill

Supreme Court of North Carolina

Decided October 31, 1917PublishedCited by 14 opinions

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

  1. Evans v. Freeman.Supreme Court of North Carolina · 1906
  2. Braswell v. . PopeSupreme Court of North Carolina · 1880
  3. Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
  4. Pratt v. Chaffin.Supreme Court of North Carolina · 1904
  5. Buie v. KennedySupreme Court of North Carolina · 1913

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

3Cited by14 opinions

  1. Gulf States Finance Corp. v. Airline Auto Sales Inc.Supreme Court of Louisiana · 1965
  2. Jefferson Standard Life Insurance v. MoreheadSupreme Court of North Carolina · 1936
  3. Perry v. First Citizens National Bank & Trust Co.Supreme Court of North Carolina · 1946
  4. Thomas v. . Carteret CountySupreme Court of North Carolina · 1921
  5. White v. Fisheries Products Co.Supreme Court of North Carolina · 1922

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

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