Oldham v. Ross
| Decision Date | 04 January 1939 |
| Docket Number | No. 687.,687. |
| Citation | 214 N.C. 696,200 S.E. 393 |
| Court | North Carolina Supreme Court |
| Parties | OLDHAM. v. ROSS et al. |
Appeal from Superior Court, Guilford County; F. D. Phillips, Judge.
Action by Barbara Ann Oldham, by her next friend, Rufus W. Reynolds, against J. Frank Ross and Annie V. Ross, administrators of the estate of Julius F. Ross, deceased, for damages for breach of contract to devise property. From a judgment for defendants, plaintiff appeals.
Reversed.
This is a civil action to recover damages for breach of contract alleged to have been made by defendants' intestate to devise property to plaintiff.
The material allegations of the complaint requiring consideration are in substance as follows: That the parents of the plaintiff cultivated the lands of the defendants' intestate on a half share basis, and rendered various services to the deceased, who was aged and infirm; that the deceased fell and broke his arm and was removed to the home of plaintiff's parents for treatment; that he developed a severe attack of pneumonia, during which time they nursed and cared for him; that upon his recovery the deceased returned to his home and in about two months thereafter approached plaintiff's parents, expressed appreciation for their care, service and attention, and requested that he be allowed to come and live with them and have them to continue to look after him; that he stated that he had considerable property and that if plaintiff's parents would permit him to remove to their home and they would look after him they would be well compensated for the services they had theretofore and would thereafter render, and stated that after they had been fully compensated he would leave such property as he might have remaining to the plaintiff; that in consequence of such promises plaintiff's parents took the deceased into their home and rendered to him such services as were incident to the care and attention of an aged and infirm person who was incapable of looking after himself; and that the deceased died without fulfilling his promise to devise his property to the plaintiff.
Each and every allegation in the complaint relating to the alleged contract or promises, and relating to the services rendered, is denied in the answer.
After filing answer, in which the material allegations are denied, the defendants moved for. judgment on the pleadings. Upon the hearing of the motion judgment was entered allowing the motion and decreeing that the plaintiff have and recover nothing of ...
To continue reading
Request your trial
-
Erickson v. Starling
...City of Raleigh v. Fisher, supra; Ingle v. State Board of Elections, 226 N.C. 454, 38 S.E.2d 566; Adams v. Cleve, supra; Oldham v. Ross, 214 N.C. 696, 200 S.E. 393; Crutchfield v. Foster, 214 N.C. 551, 200 S.E. 395; Churchwell v. Branch Banking & Trust Co., 181 N.C. 21, 105 S.E. 889; Alston......
-
City of Raleigh v. Fisher
...adversary; and (2) the untruth of his own allegations in so far as they are controverted by the pleading of his adversary. Oldham v. Ross, 214 N.C. 296, 200 S.E. 393; Churchwell v. Branch Banking & Trust Co., 181 N.C. 21, 105 S.E. 889; Alston v. Hill, 165 N.C. 225, 81 S.E. 291; Helms v. Hol......
-
Sale v. Johnson, 385
...240 N.C. 577, 83 S.E.2d 651; McGee v. Ledford, 238 N.C. 269, 77 S.E.2d 638; Raleigh v. Fisher, 232 N.C. 629, 61 S.E.2d 897; Oldham v. Ross, 214 N.C. 696, 200 S.E. 393. The answer of the appealing defendant must be construed liberally, which means that every reasonable intendment must be tak......
-
Scott v. Statesville Plywood & Veneer Co.
...by demurrer. Kennerly v. Town of Dallas, 215 N.C. 532, 2 S.E.2d 538; Poovey v. City of Hickory, 210 N.C. 630, 188 S.E. 78; Oldham v. Ross, 214 N.C. 696, 200 S.E. 393; Davis v. Rhodes, 231 N.C. 71, 56 S.E.2d 43; In re York's Will, 231 N.C. 70, 55 S.E.2d 791; Mcydowell v. Blythe Bros. Co., 'A......