Brown v. Loftis

• Decision Date: 27 November 1946
• Docket Number: 530
• Parties: BROWN v. LOFTIS.
• Court: North Carolina Supreme Court

40 S.E.2d 421

226 N.C. 762

BROWN v. LOFTIS.

No. 530

Supreme Court of North Carolina

November 27, 1946

Civil action to recover on contract.

Plaintiff alleges, in his complaint, in brief, tat during the early part of May 1944, he entered into a contract with the defendant to raise the tanker 'Gulfland' which had been sunk in the Atlantic Ocean off the coast of the State of Florida, for which he was to be paid a weekly salary of two hundred fifty ($250) dollars; that 'in addition thereto he was to be paid a bonus of fifty per cent of said salary of $250 per week, provided said vessel should be successfully raised and floated'; that he began work for defendant under said contract on 17 May, 1944, and continued in said employment for fourteen weeks from said date; that he was 'successful in raising said tanker 'Gulfland' and putting her afloat'; that he is entitled to receive therefor the sum of $3500 as a straight salary and 'the additional sum of $1750 as a bonus for having successfully raised and put afloat the said vessel,' making a total of $5250; that defendant has paid plaintiff the sum of $600 leaving a balance of $4650; and that he is entitled to recover of defendant said sum of $4650, with interest thereon from 23 August, 1944, until paid, for which amount judgment is prayed.

Defendant answering, denies in material aspect all of said allegations of the complaint.

Upon the trial below plaintiff offered evidence in detail tending to support the allegations of his complaint as hereinabove stated. On the other hand, defendant offered evidence tending to support categorically his denial of the allegations of the complaint. The evidence was in sharp conflict.

The case was submitted to the jury upon these issues, which the jury answered as shown:

'1. Did the plaintiff and the defendant enter into an oral contract under the terms of which it was agreed that the plaintiff would assist in the raising from the Atlantic Ocean off the East Coast of Florida the boat known as the Gulfland at and for a wage or salary of $250 per week and a bonus of $125 per week to be paid to the plaintiff by the defendant upon the completion of said work, as alleged in the complaint? Answer: Yes.

'2. Did the plaintiff perform said contract on his part, as alleged in the complaint? Answer: Yes.

'3. Did the defendant commit a breach of said contract, as alleged in the complaint? Answer: Yes.

'4. What amount, if any, is the plaintiff entitled to recover of the defendant? Answer: $4650.00 with interest.'

From judgment on the verdict, defendant appeals to the Supreme Court and assigns error.

Jones & Smathers, of Charlotte, and Claude L. Love, of Asheville, for plaintiff appellee.

Helms & Mulliss and Fred B. Helms, all of Charlotte, for defendant appellant.

WINBORNE Justice.

Careful consideration of the assignments of error presented on this appeal fails to disclose error in the trial below.

Appellant first challenges the correctness of the ruling of the court in refusing to grant his motions for judgment as in case of nonsuit. In this connection, evidence offered by plaintiff taken in the light most favorable to him tends to show: (1) An express oral contract as alleged in the complaint; (2) a compliance by him with the terms of the contract; and (...