Torrey v. . Cannon
Supreme Court of North Carolina
Civil actioN beard upon demurrer by Webb, J., at tbe Fall Term, 3916, of MECKLENBURG. Tbis is an action on tbe following contract: State of Noeth CaeoliNA — MeckleNbubg CouNtv.
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Civil actioN beard upon demurrer by Webb, J., at tbe Fall Term, 3916, of MECKLENBURG. Tbis is an action on tbe following contract: State of Noeth CaeoliNA — MeckleNbubg CouNtv. Tbis agreement, entered into by and between Miss Eva S. Torrey and D. Frank Cannon, witnessetb: "Whereas a certain suit bas been brought in tbe Superior Court of Mecklenburg County by Miss Eva S. Torrey v. D. Frank Cannon, and said action is now pending in said court; and whereas the said parties, plaintiff and defendant, have agreed on terms of compromise between themselves, the terms of said compromise being that the…
1Opinion of the CourtAlleN, J.
The position of tbe defendant that he can render the contract he has executed void and of no effect by refusing to perform its stipulations violates well settled rules generally applied in the construction of contracts.
It is presumed “that when parties make an instrument the intention is that it shall be effectual, and not nugatory” (Hunter v. Anthony, 53 N. C., 385), and acting on this presumption, if the contract “is susceptible of two meanings, one of which will destroy it or render it invalid, the former will be adopted so as to uphold the contract” (9 Cyc., 586; 2 Page Cont., sec. 1120;…
2Cases cited5 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Barlow v. . ScottNew York Court of Appeals · 1861
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Smith v. GugertyNew York Supreme Court · 1848
- Hunter v. . AnthonySupreme Court of North Carolina · 1861
3Cited by3 opinions
- Wellington-Sears & Co. v. Dize Awning & Tent Co.Supreme Court of North Carolina · 1929
- Finkelstein v. SneiersonMassachusetts Supreme Judicial Court · 1930
- Maxwell Foods, LLC v. Smithfield Foods, Inc.North Carolina Business Court · 2021