Legal Opinion

Lester v. . Houston

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 21 opinions

This is a civil action, which was tried before Boykin, J.— a jury being waived — at February Term, 1888, of MeckleN-burg County. The action was instituted to recover an alleged balance due upon a contract for the construction of a house at Davidson College, and to enforce a lien upon the premises against the defendant Houston and his co-defendant Brown, to whom the property had been conveyed in trust to secure •creditors.

Read the full summary

This is a civil action, which was tried before Boykin, J.— a jury being waived — at February Term, 1888, of MeckleN-burg County. The action was instituted to recover an alleged balance due upon a contract for the construction of a house at Davidson College, and to enforce a lien upon the premises against the defendant Houston and his co-defendant Brown, to whom the property had been conveyed in trust to secure •creditors. A jury trial was waived and the .Judge found the following facts: 1. That a contract was entered into between plaintiff and •defendant Houston as set out in the complaint,…

1Opinion of the CourtSmith, C. J.

Exception 1. The entire indebtedness incurred by the defendant is found to amount to $2,587.71, and the partial payment to $1,864.88, showing a balance due the plaintiff on December 15th, 1886, of $722.83, for which sum (again reduced by five dollars) the defendant Houston gave a certificate in these terms :

“ This is to certify that I am indebted to C H. Lester in the sum of seven hundred and seventeen dollars and eighty-three cents, balance due for building house at Davidson College. This 15th day of December, 1886.

G. S. HOUSTON.”

On this accounting all the materials were found to have been…

2Cases cited6 opinions

  1. Boyden v. President of the BankSupreme Court of North Carolina · 1871
  2. Burr v. . MaultsbySupreme Court of North Carolina · 1888
  3. Wilkie v. . N. A. BraySupreme Court of North Carolina · 1874
  4. Jos. W. Jenkins & Co. v. BealSupreme Court of North Carolina · 1874
  5. Sprinkle and Wife v. . MartinSupreme Court of North Carolina · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
  2. Brown v. . WardSupreme Court of North Carolina · 1942
  3. Dolese Bros. Co. v. AndrecopulasSupreme Court of Oklahoma · 1925
  4. Stone Co. v. RichSupreme Court of North Carolina · 1912
  5. Scheflow v. . PierceSupreme Court of North Carolina · 1918

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API