Max v. . Harris
Supreme Court of North Carolina
Civil ActioN for breach of contract in failing to pay for goods, sold by defendant as agent of plaintiff, tried before Bryan, J., at March Term, 1899, of the Superior Court of Dueiiam County.
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Civil ActioN for breach of contract in failing to pay for goods, sold by defendant as agent of plaintiff, tried before Bryan, J., at March Term, 1899, of the Superior Court of Dueiiam County. The plaintiff resided in Durham County, the intestate of defendant resided in Orange County, and to secure his contract, he and his wife, Bettie Harris, gave a mortgage to plaintiff on a tract of land in Orange County, also a note for $1,000. At March Term, 1898, the defendant demanded a removal of the cause for trial to Orange County in consequence of the mortgage. The presiding Judge, Robinson, refused…
1Opinion of the CourtDouglas, J.
The defendant in this action, H. Y. Harris, died during its pendency and his administratrix, Bettie Harris, his wife, became a party to the action. It appears from the record that one Summerfield was also brought into the action as administrator of II. Y. Harris, but he does not appear to have done anything further, as Mrs. Harris appears to have been thereafter recognized alone as sole administra-trix. On March 14, 1896, H. Y. Harris entered into a contract with the plaintiff, the material parts of which are as follows:
“Whereas, the said A. Max has agreed to constitute the said H. Y. Harris…
2Cited by3 opinions
- Marcom v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1900
- Warren v. . HerringtonSupreme Court of North Carolina · 1916
- Lamb v. StaplesSupreme Court of North Carolina · 1951