Peele v. Powell
Supreme Court of North Carolina
Appeal from Garter, J., at May Term, 1911, of Beetle. This is an action brought by C. T. Peele against Isa Gr. Powell, administratrix of Edgar Powell, to recover $286.65 and interest thereon from 27 March, 1907, the value of goods sold and delivered to J. T. Cook, for which it is alleged the defendant’s intestate is liable.
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Appeal from Garter, J., at May Term, 1911, of Beetle. This is an action brought by C. T. Peele against Isa Gr. Powell, administratrix of Edgar Powell, to recover $286.65 and interest thereon from 27 March, 1907, the value of goods sold and delivered to J. T. Cook, for which it is alleged the defendant’s intestate is liable. The plaintiff offered the following evidence: An itemized and verified statement of account of goods sold and delivered to J. T. Cook for the amount alleged to be due by him in his complaint. Objection by defendant sustained, and plaintiff excepted. The account was against…
1DissentWaleer, J.
It is suggested, in opening the opinion of the Court, that there is frequently much difficulty in determining whether a particular promise to answer for the debt, default, or miscarriage of another person falls within the *561provisions of the statute of frauds. It would not seem so difficult if we did not attempt to apply well recognized principles, which are clearly stated in the opinion, to disputed facts, and the situation would be much simplified and the difficulty otherwise encountered would be removed if, when the.facts are not settled, the ease should be submitted to the jury, which is…
2Cases cited10 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Whitehurst v. . HymanSupreme Court of North Carolina · 1884
- Threadgill v. . McLendonSupreme Court of North Carolina · 1877
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