Byerly v. . Kepley, and Al.
Supreme Court of North Carolina
Action of assumpsit, tried before bis Honor Judge Saunders, at Fall Term, 1853, of Davidson Superior Court. The plaintiff declared on a special contract, and upon the ¡count for work and labor done, &c. The case was, the plaintiff agreed “to build for the defendant a good saw-mill, to find the irons, and to do all the mechanical work, and the defendant to cut the mill-race.”
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Action of assumpsit, tried before bis Honor Judge Saunders, at Fall Term, 1853, of Davidson Superior Court. The plaintiff declared on a special contract, and upon the ¡count for work and labor done, &c. The case was, the plaintiff agreed “to build for the defendant a good saw-mill, to find the irons, and to do all the mechanical work, and the defendant to cut the mill-race.” The plaintiff took the level of the ground and marked out the position for the mill-race, which was cut by the defendant according to his designation. The race averaged about two feet wide. The frame of the mill was…
1Opinion of the CourtBattle, J.
The instructions given by his Honor to the jury, that the plaiptiff could not recover upon the special contract, unless the saw-mill was built in a good and workmanlike manner, was undoubtedly correct, and we do not understand the counsel to object to it. But the counsel insists, that the plaintiff" had, by his contract, nothing to do with the cutting the race to carry off the water below the mill, and that his Honor erred, in- stating to the jury, that if it was cut improperly under his direction, he was in fault. It is true, that, by the terms of agreement, it was incumbent upon the…
2Cited by5 opinions
- Cantrell v. Woodhill Enterprises, Inc.Supreme Court of North Carolina · 1968
- Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
- Evans v. BrendleSupreme Court of North Carolina · 1917
- Evans v. . BrendleSupreme Court of North Carolina · 1917
- Simpson v. . R. R.Supreme Court of North Carolina · 1893