Legal Opinion

Brown v. . Miensset

Supreme Court of North Carolina

Decided December 6, 1898Published

Civil actioN for rents. CASE ON APPEAL. This was a civil'action tried before Starbuck, J., and a jury, at Spring Term, 1898, of McDowell Superior Court, on appeal by defendant from a Justice of the Peace. The action was brought to recover a certain amount alleged to be owing by defendants on a contract of lease. The following is a copy of said contract: copy op lease. North Carolina — McDowell County.

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Civil actioN for rents. CASE ON APPEAL. This was a civil'action tried before Starbuck, J., and a jury, at Spring Term, 1898, of McDowell Superior Court, on appeal by defendant from a Justice of the Peace. The action was brought to recover a certain amount alleged to be owing by defendants on a contract of lease. The following is a copy of said contract: copy op lease. North Carolina — McDowell County. This lease and contract, made and entered into this 18th day of April, 1893, by and between The Carolina Investment Company, a corporation, party of the first part, and Stephen Miensset and Emil…

1Opinion of the Court

MONTGOMERY, J.:

In 1893, the Carolina Investment Company leased to the defendants. The Round Knob Hotel and grounds iu McDowell County, for five years for a certain annual rental. The property had been sold by J. W. Wilson to the Company for stock in the same, but the deed had not been registered. The plaintiff claimed to be the owner of the contract of lease, and this action was brought to recover an amount then alleged to be due under it. On the trial J. W. Wilson, a witness for the plaintiff, had proceeded to testify concerning an agreement he had had with the company, by which he came into…

2Cases cited2 opinions

  1. Phifer v. Carolina Central Railway Co.Supreme Court of North Carolina · 1898
  2. Edwards v. . PhiferSupreme Court of North Carolina · 1897

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