Whetstine v. Wilson
Supreme Court of North Carolina
Special Contract — Statute of Limitations — Quantum Meruit— Family Rdatidnships— Consideration. This action was brought in the Court of a Justice of the Peace to recover the value of work' done by the plaintiff for the intestate of the defendant in his lifetime, “ by hauling and chopping wood and making fires and waiting on S. C. Wilson (the inte.state), in his last sickness, and for feeding his stock, for the space of three years preceding his death, to the amount of three…
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Special Contract — Statute of Limitations — Quantum Meruit— Family Rdatidnships— Consideration. This action was brought in the Court of a Justice of the Peace to recover the value of work' done by the plaintiff for the intestate of the defendant in his lifetime, “ by hauling and chopping wood and making fires and waiting on S. C. Wilson (the inte.state), in his last sickness, and for feeding his stock, for the space of three years preceding his death, to the amount of three hundred dollars.” The defendant denied such indebtedness, pleaded the statute of limitations and counter-claim. The…
1Opinion of the CourtMerrimon, C. J.
— after stating the' facts: The complaint was oral and informal — such as is allowed in the Court of a Justice of the Peace, where this action began. The cause of action was not alleged as founded upon a special contract, but upon a quantum meruit for work done for the intestate of the defendant in his lifetime and at his instance.
The evidence relied on in support of the plaintiff’s cause of action, accepted as true, as it must be for the present purpose, fairly interpreted, did not prove an unwritten special contract on the part of the plaintiff to do labor for the intestate of the…
2Cases cited3 opinions
- Jones v. . MialSupreme Court of North Carolina · 1880
- Miller v. . LashSupreme Court of North Carolina · 1881
- Martin v. . YoungSupreme Court of North Carolina · 1881
3Cited by13 opinions
- Shore v. . HoltSupreme Court of North Carolina · 1923
- Price v. . AskinsSupreme Court of North Carolina · 1937
- Pickelsimer Ex Rel. Gash v. PickelsimerSupreme Court of North Carolina · 1962
- Stewart v. . WyrickSupreme Court of North Carolina · 1947
- Patterson v. . FranklinSupreme Court of North Carolina · 1915
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