Niblett v. . Herring
Supreme Court of North Carolina
AotxoN of Assumsit, tried before his Honor, Judge Ellis, at the Spring Term, 1851, of Bertie Superior Court. The suit was begun by a warrant before a justice of the peace, and brought up by appeal. The plaintiff declared, in several counts, for the services of a boy about fifteen years old; whom he had hired to the defendant for the year 1856, at the price of fifty dollars. The proof was that the b oy served the defendant about seven months, and then left his employment.
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AotxoN of Assumsit, tried before his Honor, Judge Ellis, at the Spring Term, 1851, of Bertie Superior Court. The suit was begun by a warrant before a justice of the peace, and brought up by appeal. The plaintiff declared, in several counts, for the services of a boy about fifteen years old; whom he had hired to the defendant for the year 1856, at the price of fifty dollars. The proof was that the b oy served the defendant about seven months, and then left his employment. There was evidence tending to show that the boy was taken away from the defendant by the plaintiff, against the will of the…
1Opinion of the CourtNash, C. J.
The charge of his Honor is in strict conformity with repeated decisions of this Court, of the Courts of England, and of our sister States, where the question has been canvassed. The principle is, that where there is an entire ex-ecutory contract, and the plaintiff has performed a part of it, and then wilfully refused, without legal excuse, and against the defendant’s consent, to perform the rest, he can recover nothing, either on the special or general assumpsit. 2nd vol. Smith’s Leading cases 13, in' the note: Upon the principle that where the contract is special, an action for its breach…
2Cases cited1 opinion
- Jennings v. CampNew York Supreme Court · 1816
3Cited by8 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- Ron Medlin Construction v. HarrisSupreme Court of North Carolina · 2010
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Edgerton v. TaylorSupreme Court of North Carolina · 1922
- Corinthian Lodge v. . SmithSupreme Court of North Carolina · 1908
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