Blount v. Guthrie
Supreme Court of North Carolina
Implied, Contract — Evidence—Judge’s Charge. Civil ACTION, originally commenced before a Justice of the Peace for the County of Durham, and carried by appeal to the Superior Court of that county and tried before Merrimon, J, at February Term, 1888. On the 5th of August, 1886, the defendant entered into a written contract with one Joseph Ransley, by which Ransley was to build for him a dwelling house in the town of Durham.
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Implied, Contract — Evidence—Judge’s Charge. Civil ACTION, originally commenced before a Justice of the Peace for the County of Durham, and carried by appeal to the Superior Court of that county and tried before Merrimon, J, at February Term, 1888. On the 5th of August, 1886, the defendant entered into a written contract with one Joseph Ransley, by which Ransley was to build for him a dwelling house in the town of Durham. The written contract and specifications are set out in full in the record, and are minutely drawn and of considerable length, but for the purpose of this controversy it is…
1Opinion of the Court
Davis, J.,
(after stating the case). There was no error in refusing the first instruction asked for by the defendant. There was evidence to go to the jury from which a contract might be implied.
The familiar principle, so confidently relied on by the defendant “that where there is a written contract concerning the whole subject matter ” there can be no implied promise, we think finds no application in the facts of this case.
It was not pretended that there was any written contract at all between the plaintiff and the defendant. In fact the learned counsel for the defendant deny that there was…
2Cases cited1 opinion
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
3Cited by6 opinions
- Brown v. . WilliamsSupreme Court of North Carolina · 1928
- International Glass Co. v. KrouseCourt of Appeals for the Third Circuit · 1922
- Oates v. Munday.Supreme Court of North Carolina · 1900
- Morrison v. Mining Co.Supreme Court of North Carolina · 1906
- Moore v. BarrySupreme Court of South Carolina · 1889
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