Faust v. Rohr
Supreme Court of North Carolina
Appeal by plaintiff from Lwne-, J., at August Term, 1914, of UNION. Civil action to restrain the defendant from carrying on the barber business in the town of Monroe, N. C., by reason of a written contract to that effect entered into between them in December, 1902. The cause was before us last term on an appeal by plaintiff from a judgment dissolving a preliminary restraining order, on the ground, partly, that a subsequent contract of partnership in the barber business,…
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Appeal by plaintiff from Lwne-, J., at August Term, 1914, of UNION. Civil action to restrain the defendant from carrying on the barber business in the town of Monroe, N. C., by reason of a written contract to that effect entered into between them in December, 1902. The cause was before us last term on an appeal by plaintiff from a judgment dissolving a preliminary restraining order, on the ground, partly, that a subsequent contract of partnership in the barber business, entered into by the partners in 1913 and which was afterwards dissolved, etc. The Supreme Court being of opinion that a mere…
1Opinion of the Court
HoKE, J.,
after stating the case: After a full and impartial hearing, the jury have rendered a verdict on the issue in favor of defendant, and we find no good reason for disturbing the result.
It was contended, first, that the original agreement, being in writing, could not be altered except by clear, strong, and convincing testimony; but while this principle is well recognized in proper instances, it does not apply in the present case. Unless in violation of some provision of law, it is recognized that parties to a written instrument may, by parol, rescind or by matter in pais abandon the…
2Cases cited6 opinions
- Walker v. . VentersSupreme Court of North Carolina · 1908
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- May v. Getty.Supreme Court of North Carolina · 1905
- Braswell v. . PopeSupreme Court of North Carolina · 1880
- Lytton Manufacturing Co. v. House Manufacturing Co.Supreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926
- Bell v. . BrownSupreme Court of North Carolina · 1947
- Farrington v. . McNeillSupreme Court of North Carolina · 1917
- Highway Commission v. . RandSupreme Court of North Carolina · 1928
- North Carolina Highway Commission v. RandSupreme Court of North Carolina · 1928
2 more not listed; retrieve them via the Exa API.