Hailey v. . Wheeler
Supreme Court of North Carolina
AotioN of assumpsit, tried before Bailey, Judge, at a Special Term, November, 1856, of Granville Superior Court. The plaintiff declared, frrst, upon the following special contract between himself and the defendant’s testatrix, viz., the plaintiff was to perform such work upon the farm of defendant’s testatrix as she should require of him, and attend,, generally, to all the business on her farm, and, as a compensation/ was to have the privilege of preparing a lot on said…
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AotioN of assumpsit, tried before Bailey, Judge, at a Special Term, November, 1856, of Granville Superior Court. The plaintiff declared, frrst, upon the following special contract between himself and the defendant’s testatrix, viz., the plaintiff was to perform such work upon the farm of defendant’s testatrix as she should require of him, and attend,, generally, to all the business on her farm, and, as a compensation/ was to have the privilege of preparing a lot on said farm, and cultivating the same in tobacco for himself. Secondly. He declared on the common count for money had and received…
1Opinion of the CourtPearson, J.
The plaintiff, beyond question, may .waive tire tort committed by the defendant, and maintain an action for money had and received. But in that action the declaration would be in the debet and detinet, upon a promise of the defendant personally; whereas, in this action, the declaration is in the detinet only, upon the promise of the defendant in his representative capacity as 'executor, to which he may plead “fully administered,” and upon which the judgment would be de bonis testatoris. We concur with his Honor. The evidence does not support the allegation. There is a fatal variance between…
2Cited by10 opinions
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Snipes v. . MondsSupreme Court of North Carolina · 1925
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Kelly v. Odum.Supreme Court of North Carolina · 1905
- Craven v. . MungerSupreme Court of North Carolina · 1915
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