Browning v. . Berry
Supreme Court of North Carolina
This was a civil action, tried at the Special March Term of the Superior Court of Obange County, before Armfidd, J. The plaintiff alleged in his complaint that the defendants, as tenants in common, were the owners of a certain grist and saw-mill on Eno river, which they leased to him for the term of one year, with the privilege of keeping it for five years, if he should be disposed to do so.
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This was a civil action, tried at the Special March Term of the Superior Court of Obange County, before Armfidd, J. The plaintiff alleged in his complaint that the defendants, as tenants in common, were the owners of a certain grist and saw-mill on Eno river, which they leased to him for the term of one year, with the privilege of keeping it for five years, if he should be disposed to do so. The defendants, in their answer, denied that they had entered into such a contract with plaintiff. The plaintiff further alleged that the defendants, on their part, stipulated to make such repairs from…
1Opinion of the Court
Avery, J.-
-after stating the facts: Where the plaintiff declares, upon a verbal contract, void under the statute of frauds, and the defendant either denies that he made the contract, or sets up another and a different agreement, or admits the oral agreement and pleads specially the statute, testimony offered to prove the parol contract is incompetent, and should be excluded, on objection. Holler v. Richards, 102 N. C., 545; Morrison v. Baker, 81 N. C., 76; Bonham, v. Craig, 80 N. C., 224.
In the case last cited, Chief Justice Smith lays down the rule, substantially, that an absolute denial in…
2Cases cited3 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Holler v. . RichardsSupreme Court of North Carolina · 1889
3Cited by13 opinions
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
- Jamerson v. . LoganSupreme Court of North Carolina · 1948
- Weant v. McCanlessSupreme Court of North Carolina · 1952
- Balentine v. . GillSupreme Court of North Carolina · 1940
- Henry v. . HilliardSupreme Court of North Carolina · 1911
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