Green v. . Thornton
Supreme Court of North Carolina
This was an action of assumpsit, tried before SauNDEes, J., at the Fall Term, 1856, of Johnston Superior Court; brought up by appeal from a justice of the peace.
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This was an action of assumpsit, tried before SauNDEes, J., at the Fall Term, 1856, of Johnston Superior Court; brought up by appeal from a justice of the peace. The plaintiff declared on the following instrument of writing, viz: “ Articles of agreement made and entered into this 2nd of March, A. D., 1852, between William Broadwell, of the county of Johnston, and State of North Carolina, on the one part, and Nathan Green, ou the other part, of the county and State aforesaid, viz: The said William Broadwell doth agree to give the said Nathan Green one hundred and three dollars for twelve…
1Opinion of the CourtBattle, J.
The instrument executed by Broadwell and the plaintiff, is in the nature of a,n indenture, and would be an indenture had it been sealed, as well as signed, by the plaintiff. Being in the nature of an indenture, no persons are properly parties to it except those between whom it purports to be made, and, in this respect, it differs from the case of Vanhook v. Barnett, 4 Dev. Rep. 268, to which the plaintiff’s counsel refers. See Kerns v. Peeler, (ante, 226,) decided at the present term. The contract made by the defendant, Thornton, not being under his seal, is a simple contract, no matter for…
2Cited by8 opinions
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