Chandler v. . Jones
Supreme Court of North Carolina
Civil actioh, tried before Long, J., at January Term, 1917, of GuilvoRd. This is an .action to recover the sum of $600 alleged to be due by contract. The defendant admitted the execution of the contract, and alleged that he had paid the sum of $500 thereon.
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Civil actioh, tried before Long, J., at January Term, 1917, of GuilvoRd. This is an .action to recover the sum of $600 alleged to be due by contract. The defendant admitted the execution of the contract, and alleged that he had paid the sum of $500 thereon. The contract was entered into on 30 April, 1890, between the defendant and his wife, and under its terms the defendant was to become the owner of a certain tract of land if he survived his wife, upon the payment of $600 to the plaintiff, who was then Miss Eula Vanstory, and it is upon this contract the plaintiff is suing. The plaintiff…
1Opinion of the CourtAllen, J.
It is not denied by the plaintiff that the defendant paid $500 in 1893, which inured to the benefit of her husband, but she contends that the payment was not made at her request; that it was not in satisfaction pro tanto of the amount due to her under the contract between the defendant and his wife, and that it was not paid for the purpose of discharging a mortgage on the land conveyed to her husband.
It therefore appears that the evidence of Mr. and Mrs. Rankin was important and material on the only controverted facts submitted to the jury, and this evidence falls within the rule excluding…
2Cases cited2 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- King v. Bynum.Supreme Court of North Carolina · 1905
3Cited by19 opinions
- State v. MillerSupreme Court of North Carolina · 1973
- Potts v. HowserSupreme Court of North Carolina · 1968
- Lee Cycle Center, Inc. v. Wilson Cycle Center, Inc.Court of Appeals of North Carolina · 2001
- Canestrino v. PowellSupreme Court of North Carolina · 1949
- State v. BryantSupreme Court of North Carolina · 1973
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