Sawyer v. . Wilkinson
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at Spring Term, 1914, of Hyde. This is a civil action tried upon these issues: 1. Did the defendant contract with the plaintiff that he would return and deliver to plaintiff at the end of two weeks the mule and harness in as good condition as he received them, as alleged ? Answer: Yes. 2. Did the defendant comply with said contract? Answer: No. 3. "What was the value of said mule and harness? Answer: Mule $100 and harness $5. 4..Was…
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Appeal by plaintiff from Ferguson, J., at Spring Term, 1914, of Hyde. This is a civil action tried upon these issues: 1. Did the defendant contract with the plaintiff that he would return and deliver to plaintiff at the end of two weeks the mule and harness in as good condition as he received them, as alleged ? Answer: Yes. 2. Did the defendant comply with said contract? Answer: No. 3. "What was the value of said mule and harness? Answer: Mule $100 and harness $5. 4..Was said muíe and harness destroyed by the negligence of the defendant? Answer: No. The plaintiff tendered judgment for $.105,…
1Opinion of the CourtBrown, J.
The plaintiff hired a mule to the defendant for plowing purposes for' a period, of two weeks. The evidence tends to prove,, and the jury have found, that the defendant contracted that he would return the mule at the end of two weeks in as good condition as he received it.
Before the expiration of two weeks the mule, together with some of the defendant’s stock; was burned to death by'a fire which burned the defendant’s stables. It is admitted that the fire was not caused by any negligence of the defendant. In refusing to give judgment for the value of the mule, we think his Honor was correct.…
2Cases cited10 opinions
- Van Wormer v. CraneMichigan Supreme Court · 1883
- Drake v. WhiteMassachusetts Supreme Judicial Court · 1875
- Foster v. . PettiboneNew York Court of Appeals · 1852
- Wainscott v. SilversIndiana Supreme Court · 1859
- Mallory v. . WillisNew York Court of Appeals · 1850
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- Falls v. . GoforthSupreme Court of North Carolina · 1939
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