Festerman v. . Parker
Supreme Court of North Carolina
Appeal from the Superior Court of Láw of Anson County, at the Fall Term 1848, his Honor Judge Peaesos presiding. This was an action of assumpsit. The plaintiff declared specially, and for work and labor done, and materials furnished, goods, wares, and merchandise sold and delivered : and for money paid to the use of the defendant.
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Appeal from the Superior Court of Láw of Anson County, at the Fall Term 1848, his Honor Judge Peaesos presiding. This was an action of assumpsit. The plaintiff declared specially, and for work and labor done, and materials furnished, goods, wares, and merchandise sold and delivered : and for money paid to the use of the defendant. The plaintiff proved, that, in the Spring- of 1844, he contracted to construct and put into operation a saw mill, in a mill house of the defendant. The plaintiff was to do the work and find all the irons. The defendant, in consideration thereof, was to pay the…
1Opinion of the CourtNash, J.
In the argument of the case here, the first exception taken by the plaintiff’s counsel to the Judge's charge is, that it oughtto have been submitted to the jury to decide, whether or not the first contract was rescinded by the parties. His Honor instructed the jury there was no evidence, that the original contract had been rescinded and another substituted. There can be no doubt, but that the construction of a contract is a matter of law. If committed to writing, the meaning of the terms, where they are explicit, is a question for the Court; but if doubtful and uncertain, they may be…
Also in this document: Per curiam.
2Cited by11 opinions
- King v. HansonNorth Dakota Supreme Court · 1904
- Leggett v. VinsonMississippi Supreme Court · 1929
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
- Wilson v. Cotton Mills.Supreme Court of North Carolina · 1905
- Awe v. GaddSupreme Court of Iowa · 1917
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