Gorman v. . Bellamy
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1879, of New HaN-over Superior Court, before Seymour, J. In June, 1867, Henry McLin leased a lot of land in the city of Wilmington to the plaintiff, Gorman, and John R. Davis for a term of years, at the annual rent of fifteen hundred dollars, in which lease is contained the following covenant: “And i.t is further provided, stipulated and agreed between the parties, that the party of the second part shall be at liberty to make additions and…
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Civil ActioN tried at Spring Term, 1879, of New HaN-over Superior Court, before Seymour, J. In June, 1867, Henry McLin leased a lot of land in the city of Wilmington to the plaintiff, Gorman, and John R. Davis for a term of years, at the annual rent of fifteen hundred dollars, in which lease is contained the following covenant: “And i.t is further provided, stipulated and agreed between the parties, that the party of the second part shall be at liberty to make additions and improvements on the premises outside the main building, and, to that end if they see fit, may pull down the outhouse at…
1Opinion of the Court
•Smith, C. J.
The issue raised upon the demurrer is alone presented for decision upon the appeal. We are of opinion if the matter specified in the demurrer does in law constitute a condition precedent and essential to the recovery, it is sufficiently averred in the general terms used in the complaint, to-wit, that the work for which compensation is de manded was done “in pursuance of the liberty and privilege granted to them (the lessees) m s aid lease as above set forth,” within the requirements of section 93 of the code, and the demurrer is not sustained in this regard. These words clearly…
2Cases cited1 opinion
- Moore v. EdmistonSupreme Court of North Carolina · 1874
3Cited by18 opinions
- Hunt v. EureSupreme Court of North Carolina · 1925
- Knowles v. Norfolk Southern RailroadSupreme Court of North Carolina · 1889
- Erskine v. . Motors Co.Supreme Court of North Carolina · 1923
- Erskine v. Chevrolet Motors Co.Supreme Court of North Carolina · 1923
- Hunt v. . EureSupreme Court of North Carolina · 1925
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