Russell v. . Koonce
Supreme Court of North Carolina
A gency— Con tract — Damages. This is a civil action, tried before Connor, J., at the April Term, 1887, of the Superior Court of New Hakovek. The plaintiff brought this action against the defendant and one Anthony Davis, to recover compensation for professional services rendered Davis, upon the request of the defendant Koonce, who, it was alleged, was authorized to contract for Davis in that behalf.
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A gency— Con tract — Damages. This is a civil action, tried before Connor, J., at the April Term, 1887, of the Superior Court of New Hakovek. The plaintiff brought this action against the defendant and one Anthony Davis, to recover compensation for professional services rendered Davis, upon the request of the defendant Koonce, who, it was alleged, was authorized to contract for Davis in that behalf. Davis denied that he ever employed the plaintiff or authorized his co-defendant to do so, and Koonce, admitting that Davis had given him no such authority, and that he had requested the opinion of…
1Opinion of the CourtSmith, C. J.
— after stating the case: The demurrer was properly sustained to the defendant’s counter-claim, and that for the reason stated, that it arose out of transactions occurring after the institution of the action, as appears upon its face. The refusal to allow an amendment, which, as defendant insisted, would connect it with the plaintiff’s cause of action, was unreviewable exercise of a discretionary power vested in the Judge. The responses of the jury to the issues submitted to them, without objection, cover the entire ground of controversy.
The writings which, as exhibit “A,” are annexed to the…
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