Scheelky v. Koch

Decided September 15, 1896

Supreme Court of North Carolina · decided 1896-09-15

Civil actioN, commenced before a Justice of the Peace, for the recovery of $44.98, alleged to be due as damages fox-breach of contract of a lease of certain property in the city of Newbern, heard on appeal before' Craha.m, Upon the facts found, his Honor found as a conclusion of law that the plaintiff was entitled to recover $11.98, with interest from the 1st day of March, 1896, and from the judgment therefor the defendant appealed.

Cited by 2 later decisions — most recently November 1916

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1896-09-15

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Faiecloth, C. J.:

¶1“If the lease had been surrendered with the understanding that it should be cancelled ” the plaintiff could not recover. Everett v. Williamson, 107 N. C., 213, 211. The case state.d fails to show any such understanding or consent on the part of the plaintiff.

¶2Affirmed.