Dover v. . Plemmons
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Buncombe County, at the Spring Term 1846, his Honot Judge Pearsox presiding. This is an action of assumpsit for work and labor done. The case is; the plaintiff, in the Spring of 1842, agreed with the defendant to work on his farm for six months, and the defendant agreed to pay him eight dollars a month for his work, one half in trade and the other half in cash —and the plaintiff was to find himself.
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Appeal from the Superior Court of Law of Buncombe County, at the Spring Term 1846, his Honot Judge Pearsox presiding. This is an action of assumpsit for work and labor done. The case is; the plaintiff, in the Spring of 1842, agreed with the defendant to work on his farm for six months, and the defendant agreed to pay him eight dollars a month for his work, one half in trade and the other half in cash —and the plaintiff was to find himself. The plaintiff worked four months, at the end of which time, he demand, ed the pay for the work he had done — which the defendant refused, insisting he was…
1Opinion of the CourtNash, J.
The plaintiff’s declaration contains several counts — the first, upon a special agreement, and one, for work and labor done. We concur with his Honor in that portion of his charge, wherein he instructs the jury, that the plaintiff is entitled to recover for the four months labor performed by him — but we differ with him as to the law governing the services as to the clearing. The charge upon that point is, “that the work being rendered in and upon the land was necessarily beneficial to the owner.” This is a novel principle to us. We do not perceive, why its being done in and upon the land…
Also in this document: Per curiam.
2Cited by2 opinions
- Kent v. TallentSupreme Court of Oklahoma · 1919
- Simpson v. . R. R.Supreme Court of North Carolina · 1893