Soloman v. Sewerage Co.
Supreme Court of North Carolina
ActioN by B. Soloman and others against Wilmington Sewerage Company, beard by Judge James L. Webb and a jury, at May Term, 1906, of the Superior Court of New Hanover. This action was brought by the plaintiffs for the purpose of restraining the defendant from disconnecting their residences from the main sewer-pipe of the defendant company and for specific performance of the contract set out in the complaint.
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ActioN by B. Soloman and others against Wilmington Sewerage Company, beard by Judge James L. Webb and a jury, at May Term, 1906, of the Superior Court of New Hanover. This action was brought by the plaintiffs for the purpose of restraining the defendant from disconnecting their residences from the main sewer-pipe of the defendant company and for specific performance of the contract set out in the complaint. The undisputed facts are that, prior to 1-902, there were several private companies and systems of sewerage in the city of Wilmington. That defendant company was chartered by an act of the…
1Opinion of the Court
CoNNOR, J.,
after stating the case: Considered from the point of view in which this case was argued by counsel, and which we think decisive of the merits of the controversy, much of the testimony and many of the exceptions become immaterial. There is no substantial contradiction in the testimony regarding the terms of the contract. The jury having found it to be as alleged in the complaint, we concur with plaintiffs that the second issue was unnecessary. The relative rights and duties of the parties under the contract become, in the light of the admissions, questions of law for the decision of *443…
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- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Salt Lake City v. HollisterSupreme Court of the United States · 1886
- Franklin Telegraph Co. v. HarrisonSupreme Court of the United States · 1892
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- May v. Tidewater Power Co.Supreme Court of North Carolina · 1939
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