From Casetext: Smarter Legal Research


Supreme Court of North Carolina
Oct 1, 1920
104 S.E. 470 (N.C. 1920)


(Filed 20 October, 1920.)

Contracts, Written — Parol Evidence — Landlord and Tenant — Leases.

Where there is a written lease between the landlord and tenant and under a separate and distinct agreement the latter has built a barn on the lands for the former, parol evidence of the agreement to build the barn is competent.

APPEAL by defendant from Daniels, J., at the second January Term, 1920, of WAKE.

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 appealed.

J. S. Manning and Little Barnes for plaintiff.

Armistead Jones Son for defendants.

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.

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.

No error.

Summaries of


Supreme Court of North Carolina
Oct 1, 1920
104 S.E. 470 (N.C. 1920)
Case details for


Case Details

Full title:C. W. BUNN v. J. ASHLEY WALL

Court:Supreme Court of North Carolina

Date published: Oct 1, 1920


104 S.E. 470 (N.C. 1920)
104 S.E. 470

Citing Cases

Edrington v. Stephens

The same authority on page 561 points out that the statute of frauds will not prevent the introduction of…

Creek v. Lebo Investment Co.

The court held that the oral agreement with reference to putting in the pine floor related to a subject…