Mitchem v. . Pasour
Supreme Court of North Carolina
Civil actioN, tried before Justice, J., at September Term, 1916, of GASTON. This is an action to recover money, commenced in tbe Superior Court, and tbe question presented by tbe appeal is wbetber it is an action in tort or in contract. Tbe action was commenced against tbe defendant Pasour, and thereafter tbe First National Bank of Gastonia was made a party defendant.
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Civil actioN, tried before Justice, J., at September Term, 1916, of GASTON. This is an action to recover money, commenced in tbe Superior Court, and tbe question presented by tbe appeal is wbetber it is an action in tort or in contract. Tbe action was commenced against tbe defendant Pasour, and thereafter tbe First National Bank of Gastonia was made a party defendant. Tbe plaintiff alleges in tbe original complaint tbat tbe defendant Pasour rented a farm from bim for tbe year 1911 and agreed to pay ' $200 as rent; tbat no part of tbe rent bad been paid except $25; tbat demand bad been made…
1Opinion of the CourtAllek, J.
The uniform rule under our system of pleading is to construe the allegations liberally in favor of the pleader, with a view to substantial justice between the parties (Brewer v. Wynne, 154 N. C., 471), and “when the action can be fairly treated as based either in contract or in tort, the courts, in favor of jurisdiction, will sustain the election made by the plaintiff” (Schulhofer v. R. R., 118 N. C., 1096, approved in White v. Ely, 145 N. C., 36) ; and further: “If the complaint is so worded that under the liberal procedure of The Code it could have been construed to be either an action on…
2Cases cited10 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Sams v. . PriceSupreme Court of North Carolina · 1896
- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Holden v. . WarrenSupreme Court of North Carolina · 1896
- Fulps v. . MockSupreme Court of North Carolina · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Andrews v. National Oil Co.Supreme Court of North Carolina · 1933
- Higgs-Taft Furniture Co. v. ClarkSupreme Court of North Carolina · 1926
- Roebuck v. . ShortSupreme Court of North Carolina · 1928
- Coble v. ReapSupreme Court of North Carolina · 1967
- Jenkins v. . WoodSupreme Court of North Carolina · 1931