Krider v. . Ramsay
Supreme Court of North Carolina
Civil ActioN tried on appeal at January Special Term,, 1878, of Rowan Superior Court, before Kerr, J. The plaintiff brought this action on the 25th of September, 1876, before a Justice of the Peace to recover an amount alleged to be due for work and labor done on the defendant’s land, upon an implied contract; but the defendant denied his right to recover on the ground that he had made no contract with the plaintiff authorizing him to occupy the premises. . - - - . The…
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Civil ActioN tried on appeal at January Special Term,, 1878, of Rowan Superior Court, before Kerr, J. The plaintiff brought this action on the 25th of September, 1876, before a Justice of the Peace to recover an amount alleged to be due for work and labor done on the defendant’s land, upon an implied contract; but the defendant denied his right to recover on the ground that he had made no contract with the plaintiff authorizing him to occupy the premises. . - - - . The plaintiff was a resident of Rowan county, and the defendant, of Iredell county. The defendant’s land on which the work was…
1Opinion of the Court
ByNüm, J.
In the view most favorable to the plaintiff the case is this: — The lessee of a term of five years made an underlease of a portion of the premises to the plaintiff, for one year, who entered and occupied. Afterwards and before the expiration of the term of either lessee or under-tenant, the lessee surrendred his lease to the lessor, who thereupon entered and ejected the under-tenant. The subtenant has brought this action against the lessor before a Justice of the Peace, and declares in contract for work and labor done upon the premises so leased to him.
Where there are no covenants in…
2Cases cited2 opinions
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