Bunn v. . Wall

Decided October 20, 1920

Supreme Court of North Carolina · decided 1920-10-20

Appeal by defendant from Daniels, J., at the second January Term, 1920, of Waite. ■ This is an action to recover damages for breach of contract to build a tobacco barn for the plaintiff, who was a tenant on the land of the defendant Privett. There was a verdict and judgment for the plaintiff, and the defendant áppealed.

Cited by 1 later decisions — most recently March 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1920-10-20

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*663 Pee CttbiaM.

¶1 Parol evidence was admissible to establish the contract about the barn, although there was a written lease, because the two contracts were separate and distinct, and we are of opinion there was circumstantial evidence of authority on the part of Wall to make the contract.

¶2 The damages claimed are difficult of admeasurement, but not more so than those allowed in Spencer v. Hamilton, 113 N. C., 49, in which a counterclaim, alleging loss of crops by reason of a breach of contract to do certain ditching, was sustained.

¶3 No error.