Tussey v. . Owen
Supreme Court of North Carolina
ActioN tried before Justice, J., and a jury, at November Term, 1907, of DavidsoN. This was an action brought to recover $2,000 for services rendered by the feme plaintiff to her father. She alleged that he had agreed to give her one-fourth of his estate in his will if she would continue to live at his'home and work for him.
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ActioN tried before Justice, J., and a jury, at November Term, 1907, of DavidsoN. This was an action brought to recover $2,000 for services rendered by the feme plaintiff to her father. She alleged that he had agreed to give her one-fourth of his estate in his will if she would continue to live at his'home and work for him. When the case was here at a former term we held that upon her own evidence she could not recover the contract price, as she had failed to show performance of the contract on her part or that she was prevented by her father from performing it. The defendant had moved to…
1Opinion of the Court
Walker, J.,
after stating the case: When this case was here before we declared that there was error and that the Superior Court should have entered a judgment of nonsuit against the plaintiffs. The judgment of this Court was duly certified to the court below, with directions to proceed further in the cause in accordance with the opinion by which the non-suit had been ordered. The nonsuit was ordered, not upon the pleadings, but upon the evidence, under the provisions of the statute (Eevisal, sec. 539). It was in law equivalent to a reversal of the judgment below and a direction to dismiss the…
2Cases cited18 opinions
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Meekins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- Black v. . BlackSupreme Court of North Carolina · 1892
- Hollingsworth v. . SkeldingSupreme Court of North Carolina · 1906
- Hood v. . Telegraph Co.Supreme Court of North Carolina · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- Moore v. . MillerSupreme Court of North Carolina · 1920
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
- Collins v. SimmsSupreme Court of North Carolina · 1962
- Starling v. Selma Cotton MillsSupreme Court of North Carolina · 1915
10 more not listed; retrieve them via the Exa API.