Legal Opinion

Boyle v. Stallings.

Supreme Court of North Carolina

Decided March 13, 1906PublishedCited by 11 opinions

AotioN by F. A. Boyle and J. P. Boyle, trading as Boyle Manufacturing Co., against W. L. Stallings and others, heard by Judge George W. Ward, at the June Term, 1905, of the Superior Court of MahtiN. Plaintiffs alleged that during the year 1898 they formed a copartnership with defendants for the purpose of operating a saw mill.

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AotioN by F. A. Boyle and J. P. Boyle, trading as Boyle Manufacturing Co., against W. L. Stallings and others, heard by Judge George W. Ward, at the June Term, 1905, of the Superior Court of MahtiN. Plaintiffs alleged that during the year 1898 they formed a copartnership with defendants for the purpose of operating a saw mill. Defendants owned the mill and agreed to sell plaintiffs a one-half interest therein for $2,500. Pursuant to said agreement they took charge and control of said mill and operated the same until the latter part of the year 1899. During said time, plaintiffs, with the…

1Opinion of the Court

Connor, J.,

after stating the case: We have examined the record with care and find no error in His Honor’s ruling. The plaintiffs insist that as defendants did not set up any counterclaim they were entitled at any time, prior to the final judgment, to submit to a nonsuit. We are of the opinion that while not in express terms, the defendants did in substance set up a counterclaim. Plaintiffs asked for an accounting, averring that upon an account stated it would appear that defendants were indebted to them, etc. Defendants submitted to an account, averring that plaintiffs owed them a balance.…

2Cases cited1 opinion

  1. Gatewood v. . LeakSupreme Court of North Carolina · 1888

3Cited by11 opinions

  1. R. R. v. . R. R.Supreme Court of North Carolina · 1908
  2. Haddock v. StocksSupreme Court of North Carolina · 1914
  3. Harris v. . SmithSupreme Court of North Carolina · 1907
  4. Dent v. English Mica Co.Supreme Court of North Carolina · 1937
  5. McCullers v. . CheathamSupreme Court of North Carolina · 1913

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