Legal Opinion

Perry v. . Perry

Supreme Court of North Carolina

Decided April 16, 1907PublishedCited by 7 opinions

Civil actioN to recover on a quantum meruit for labor performed in helping to make a crop, tried before Peebles, J., in Waee Superior- Court, October Term, 1906. The Court submitted these issues: 1. Is the defendant, as executor of S. D. Perry, indebted to the plaintiff ? Answer: No. 2. If so, in what sum? Answer: None. The Court dismissed the action, and plaintiff excepted and appealed.

1Opinion of the Court

There are several exceptions set out in the record, but we deem it necessary to notice one only, which is taken to a portion of his Honor’s charge. The Court told the jury that “the case on trial furnished a clear illustration of the importance of taking the law from the Court and not from counsel; that the case cited by counsel for plaintiff and relied upon to establish the position that where a party proved a special contract he could recover what his services were worth, although he failed to show that he performed his part of the contract, or had an excuse for not performing it, was an…

2Cited by7 opinions

  1. Beacon Homes, Inc. v. HoltSupreme Court of North Carolina · 1966
  2. State v. HooverSupreme Court of North Carolina · 1960
  3. State v. CantrellSupreme Court of North Carolina · 1949
  4. State v. . AustonSupreme Court of North Carolina · 1943
  5. Thompson v. . AngelSupreme Court of North Carolina · 1938

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