Simpson v. Carolina Central Railroad
Supreme Court of North Carolina
Civil actiox, commenced before a -Justice of the Peace and tried on appeal at the Special Term, 1892, of Rutherford Superior Court, before Hoke, J. The plaintiff Simpson filed a formal complaint, after-wards adopted by plaintiff Davis when made a party.
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Civil actiox, commenced before a -Justice of the Peace and tried on appeal at the Special Term, 1892, of Rutherford Superior Court, before Hoke, J. The plaintiff Simpson filed a formal complaint, after-wards adopted by plaintiff Davis when made a party. The plaintiff declared, first, on the following special contract: “I, Frank Davis, do hereby contract to finish a well at Rutherfordton depot for the Carolina Central Railroad Company, started and dug to a depth of twelve feet by R. L. Taylor, said well to be fifteen feet square and as deep as they may deem necessary to furnish an ample supply…
1Opinion of the Court
Avery, J.:
The issues having been raised by the allegations set forth in the two causes of action (the one on the special contract and the other on the quantum meruit), with *708the corresponding denials in the answer, the findings upon them were not inconsistent or contradictory, as counsel for the defendant contended. Though the plaintiff Davis could not recover on the special contract oh account of the failure to show compliance with its terms on his own part, yet, if he satisfied the jury that the defendant received and used the well without notifying him of any defect in the work until…
2Cited by7 opinions
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- Ritchie v. . RitchieSupreme Court of North Carolina · 1926
- Raby v. . CozadSupreme Court of North Carolina · 1913
- Dixon v. . GravelySupreme Court of North Carolina · 1895
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