Thomas v. Thomasville Shooting Club
Supreme Court of North Carolina
Civil ACTION for damages tried before Allen, J., and a jury at Pall Term, 1898, of Davidson Superior Court. The case originated in the Justice’s Court — the plaintiff claimed $75 damages by reason of the failure of defendants to aid him in the building of a barn on his own land, as per agreement. The defendant moved to dismiss the action as upon judgmént of non-suit.
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Civil ACTION for damages tried before Allen, J., and a jury at Pall Term, 1898, of Davidson Superior Court. The case originated in the Justice’s Court — the plaintiff claimed $75 damages by reason of the failure of defendants to aid him in the building of a barn on his own land, as per agreement. The defendant moved to dismiss the action as upon judgmént of non-suit. His Honor refused the motion— and submitted the evidence to the jury, who rendered a verdict for $65 in favor of plaintiff. Judgment accordingly. Defendant excepted and appealed. The complaint and evidence are stated in the…
1Opinion of the Court
The complaint is as follows:
1. That the Thomasville Shooting Club is a body corporate, duly incorporated under the laws of North Carolina.(286) 2. That the plaintiff, by request or order of the defendant, expended considerable money and labor to erect a barn for the use of defendants, and agreed to advance the money to assist plaintiff in erecting said barn.
3. That defendant failed to comply with agreement, and erected another barn on defendant's property.
Wherefore the plaintiff demands a judgment for damages in the sum of $75, with interest from 1 October, 1894, and the costs of this action.
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2Cited by4 opinions
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- Burger v. RayCourt of Appeals of Texas · 1922
- Holder v. Home Mortgage Co.Supreme Court of North Carolina · 1938
- Marvel Lamp Co. v. CapelCourt of Appeals of North Carolina · 1980