Ball-Thrash Co. v. . McCormack
Supreme Court of North Carolina
Civil ACTION tried before Harding, J., and a jury, at Spring Term, 1916, of BuNCOmbe. Tbe plaintiff sued upon two promissory notes, each for $228, given for tbe balance due on a contract between tbe parties by wbicb plaintiff agreed to furnish and install a beating plant in .defendant’s residence at Asheville, N. C. Tbe court submitted issues to tbe jury, wbicb, with tbe answers thereto, are as follows: 1. Are tbe defendants indebted to plaintiffs, as alleged in tbe…
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Civil ACTION tried before Harding, J., and a jury, at Spring Term, 1916, of BuNCOmbe. Tbe plaintiff sued upon two promissory notes, each for $228, given for tbe balance due on a contract between tbe parties by wbicb plaintiff agreed to furnish and install a beating plant in .defendant’s residence at Asheville, N. C. Tbe court submitted issues to tbe jury, wbicb, with tbe answers thereto, are as follows: 1. Are tbe defendants indebted to plaintiffs, as alleged in tbe complaint, and if so, in what amount? Answer: “$459, with interest on notes from maturity.” 2. Are plaintiffs entitled to a…
1Opinion of the Court
Walkeb, J.,
after stating the case: If it is conceded, for the sake of discussion, thaj there is sufficient evidence of a submission of this controversy to arbitration, we are of the opinion that the attempted award was invalid. The averment and proof of the making of an agreement of submission and its contents constitute necessarily the first step towards enforcing the award. The validity of the award is primarily and essentially dependent upon the agreement of the parties. Ordinarily this will be easily proved by a production of the paper, if it was written; but if no submission be produced,…
2Cases cited9 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- State v. . CoxSupreme Court of North Carolina · 1910
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- S. v. . BlackwellSupreme Court of North Carolina · 1913
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnson v. LambSupreme Court of North Carolina · 1968
- Rudd v. American Fidelity & Casualty Co.Supreme Court of North Carolina · 1932
- Davidson v. S. S. Jacobs Co.Supreme Court of Florida · 1957