Sams v. Price, Welch & Co.
Supreme Court of North Carolina
Civil actiox tried before Norwood, J., and a jury at Fall Term, 1897, of MadtsoN Superior Court. The facts appear in the opinion. There was a judgment for defendants, on the verdict, and plaintiff appealed.
1Opinion of the Court
MONTGOMERY, J.:
In the original complaint the plaintiff's cause of action was based on a sale and delivery to the defendants - of a lot oí sawed timber at the agreed price of $401.54. After the testimony had been concluded the Judge allowed the plaintiff to amend his complaint. The amendment was an allegation that one McLean sold to the defendants a lot of logs and agreed with the defendants that •out of the money which might arise from the sale of one half of the lumber to be cut from the logs they would pay to the plaintiff $401.54; that defendants and McLean and the plaintiff agreed to this…
2Cases cited2 opinions
- Gill v. . YoungSupreme Court of North Carolina · 1883
- Hester v. . MullenSupreme Court of North Carolina · 1890
3Cited by6 opinions
- Reynolds v. Railroad Co.Supreme Court of North Carolina · 1904
- Home Real Estate, Loan & Insurance v. LockerSupreme Court of North Carolina · 1938
- State Ex Rel. Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1898
- Fishell v. . EvansSupreme Court of North Carolina · 1927
- North Carolina Cotton Growers Co-Operative Ass'n v. TillerySupreme Court of North Carolina · 1931
1 more not listed; retrieve them via the Exa API.