Coxe v. Singleton.
Supreme Court of North Carolina
ActioN by Thomas C. Coxe against Eobert Singleton, heard by Judge B. F. Long and a jury, upon appeal from a Justice of the Peace, at the August Term, 1905, of the Superior Court of ANSON County. The plaintiff alleged that he sold the defendant certain walnut lumber at a stipulated price, $20; that the defendant refused to take and pay for the spine.
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ActioN by Thomas C. Coxe against Eobert Singleton, heard by Judge B. F. Long and a jury, upon appeal from a Justice of the Peace, at the August Term, 1905, of the Superior Court of ANSON County. The plaintiff alleged that he sold the defendant certain walnut lumber at a stipulated price, $20; that the defendant refused to take and pay for the spine. The defendant denied the contract, and also that the plaintiff had performed it, alleging that the lumber tendered was worthless. The court submitted the following issues: 1. Did defendants contract with plaintiff to purchase lumber from him as…
1Opinion of the CourtBrown, J.
1. Tbe plaintiff excepted to tbe issues ■ submitted. They plainly cover tbe controversy between tbe parties as disclosed by tbe evidence. Tbe issues were sufficient to enable tbe jury to intelligently find tbe facts in dispute, and to enable tbe plaintiff to present every view of tbe evidence contended for by bim. It is true tbe issues arise upon tbe pleadings and not upon evidential facts, but where there are no written pleadings, as in this case, it is tbe duty of tbe court to so frame the issues after bearing tbe evidence as to develop tbe whole case, and to present to tbe jury tbe real…
2Cases cited2 opinions
- State v. . BullardSupreme Court of North Carolina · 1888
- State v. . BoswellSupreme Court of North Carolina · 1829
3Cited by7 opinions
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- State v. HollingsworthSupreme Court of North Carolina · 1964
- Stewart v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Burgin v. North Carolina State Board of ElectionsSupreme Court of North Carolina · 1938
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