Malloy v. Lincoln Cotton Mills
Supreme Court of North Carolina
Action by Malloy & Boggs against the Lincoln Cotton Mills, heard by Judge A. L. Coble and a jury, at September Term, 1902, of the Superior Court of Lincoln County. From a judgment for the plaintiffs, the defendant appealed.
1Opinion of the CourtClark, C. J.
This was an action to recover for work and labor in excavating and lowering the bed of the tail race for the defendant. The defendant set up a counterclaim for damages caused by delay in completing the work. The appeal was practically narrowed in the argument to the counterclaim.
The briefs and the oral argument on both sides were able, full and exhaustive and after fullest consideration we think the referee found upon competent evidence that the defendant was to keep the water pumped out of said race and to keep the same dry and in proper condition fox the work during the progress thereof;…
2Cited by4 opinions
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- Caldwell v. . RobinsonSupreme Court of North Carolina · 1920
- Brown v. East Carolina RailroadSupreme Court of North Carolina · 1911
- Davis v. . DavisSupreme Court of North Carolina · 1922