Legal Opinion

Martin v. . Clegg

Supreme Court of North Carolina

Decided November 19, 1913PublishedCited by 6 opinions

Appeal by defendant from Peebles, J., at February Term, 1913, of Guilpoed. Civil action tried upon these issues : 1. What sum, if anything, is the -plaintiff entitled to recover of tKe defendant on account of rents as stipulated in the contract? Answer: $2,563.56. 2. Did the defendant commit a breach of his contract by failure to pay rents, as agreed in the contract?' Answer: Yes. 3. If so, what sum, if anything, is the plaintiff entitled to recover of the ■ defendant, by…

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Appeal by defendant from Peebles, J., at February Term, 1913, of Guilpoed. Civil action tried upon these issues : 1. What sum, if anything, is the -plaintiff entitled to recover of tKe defendant on account of rents as stipulated in the contract? Answer: $2,563.56. 2. Did the defendant commit a breach of his contract by failure to pay rents, as agreed in the contract?' Answer: Yes. 3. If so, what sum, if anything, is the plaintiff entitled to recover of the ■ defendant, by way of damages- for wrongful detention of the premises in controversy? Answer: Nothing. 4.- Did the defendant, by his…

1Opinion of the CourtBrown, J.

This action is brought to recover the possession of certain property known as Clegg’s Hotel in the city of Greensboro.

' On 29 October, 1909, defendant was served by tbe sheriff • with a written notice by tbe plaintiff, to vacate tbe premises, for neglect, after due notice, to make payments of rent as stipulated: Defendant, in consequence of tbis notice, refusing to vacate, but continuing in possession, action was instituted. in tbe Superior Court on 28 August, 1911, to eject tbe defendant and to recover damages for bis bolding over.

There are twenty-nine assignments of error, but it is…

2Cases cited1 opinion

  1. Sloan v. . HartSupreme Court of North Carolina · 1909

3Cited by6 opinions

  1. Bizzell v. Auto Tire & Equipment Co.Supreme Court of North Carolina · 1921
  2. Cotton v. StanleyCourt of Appeals of North Carolina · 1987
  3. McGuinn v. . McLainSupreme Court of North Carolina · 1945
  4. Seligson v. . KlymanSupreme Court of North Carolina · 1947
  5. Brickhouse v. BrickhouseCourt of Appeals of North Carolina · 1993

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