Freeman v. . Brown
Supreme Court of North Carolina
Appeal from Guión, May Term, 1909, of Bertie. Tbo plaintiff, after averring tbe death of Josiah Freeman, intestate, and tbe qualification of defendant Brown as bis administrator, alleges that tbe plaintiff is a son of tbe intestate, who, for many years prior to his death, was in feeble health and unable to care for himself; that he (the plaintiff) lived with his father, at his request, from the timé he became of age, in 1887, to 1907; that his father promised him that if he…
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Appeal from Guión, May Term, 1909, of Bertie. Tbo plaintiff, after averring tbe death of Josiah Freeman, intestate, and tbe qualification of defendant Brown as bis administrator, alleges that tbe plaintiff is a son of tbe intestate, who, for many years prior to his death, was in feeble health and unable to care for himself; that he (the plaintiff) lived with his father, at his request, from the timé he became of age, in 1887, to 1907; that his father promised him that if he would live with him and care for him and look after his farm he would compensate him (the plaintiff) by giving him his…
1Opinion of the Court
Manning, J.,
after stating tbe case: Tbe form of tbe issues submitted by bis Honor, to wbicb no exception was taken by tbe appellants, or other issues tendered by them, renders it unnecessary to consider several exceptions appearing in tbe record and pressed upon our attention. Tbe first issue was to determine tbe existence of an express contract, as set forth in that issue. Tbe evidence of tbe plaintiff himself, tending to show services performed by bim for bis father, from wbicb tbe jury could imply a contract and fix their value as upon quantum meruit, was immaterial, and we cannot see —…
2Cases cited15 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Miller v. . LashSupreme Court of North Carolina · 1881
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Collins v. . CollinsSupreme Court of North Carolina · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- State v. . ColeSupreme Court of North Carolina · 1932
- Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
- Brown v. . WilliamsSupreme Court of North Carolina · 1928
22 more not listed; retrieve them via the Exa API.