Southerland v. . Crump

ADAMS, J., dissenting; CONNOR, J., concurs in dissent. This is an action brought by plaintiff against the defendant to recover on a special contract and on quantum meruit. The jury found that there was no special contract, but gave a verdict on the quantum meruit. The defendant also set up the plea of the statute of limitations.

The plaintiff offered in evidence summons issued 27 February, 1922, served 28 February, 1922, by sheriff of New Hanover County, in case entitled, C. S. Southerland v. J. A. Southerland. Judgment of nonsuit in the above case at December Term, 1926, Judgment Docket No.…