Wilson v. Wilson

• Decision Date: 23 December 1925
• Docket Number: 588.
• Parties: WILSON v. WILSON.
• Court: North Carolina Supreme Court

130 S.E. 834

190 N.C. 819

WILSON v. WILSON.

No. 588.

Supreme Court of North Carolina

December 23, 1925

Appeal from Superior Court, Jackson County; Finley, Judge.

Action for breach of contract by Lyman Wilson against L. A. Wilson. Verdict and judgment for plaintiff, and defendant appeals. New trial.

Instructions held to sufficiently state law applicable to evidence.

Walter E. Moore and C. C. Buchannan, both of Sylva, for appellant.

A. Hall Johnston, of Asheville, W. R. Sherrill, of Sylva, and Alley & Alley, of Waynesville, for appellee.

VARSER J.

The plaintiff sued the defendant for benefits which accrued to the defendant on account of defendant's failure to perform an oral contract to convey a tract of land in consideration of plaintiff's services in operating, and laboring on, the defendant's home place and to pay for farming equipment, and to pay defendant's sister $500 in installments, as set out in the complaint. The defendant says he made contract with plaintiff to convey him the land on compliance with the details thereof, as set out in the answer, and alleges a breach on plaintiff's part and damages resulting therefrom, and from other uses of defendant's property. Each lays the fault at the other's door.

The issues submitted, without objection, and the jury's answers, are as follows:

"(1) Did the plaintiff and defendant enter into a contract under the terms of which the defendant agreed to convey to the plaintiff by will or deed the lands referred to in the pleadings, in consideration of plaintiff's services and other considerations as alleged in the complaint and answer? Answer: Yes.

(2) Did the defendant commit a breach of sad contract as alleged in the complaint? Answer: Yes.

(3) What amount, if any, is plaintiff entitled to recover of the defendant for services rendered under said contract? Answer $2,535, less $388, with interest on $2,147.

(4) Did the plaintiff commit a breach of said contract as alleged in the answer? Answer: No.

(5) What amount, if any, is the defendant entitled to recover of the plaintiff by reason of the counterclaim pleaded in the answer? Answer: None."

The defendant challenges the correctness of the trial below, in that the charge to the jury does not comply with C. S. 564. This statutory requirement that the judge "shall state in a plain and correct manner the evidence given in the case and declare and explain the law arising thereon," is intended to give the jury all the law necessary to a proper determination of the issues. The jury's duty is limited to the sole and exclusive function of finding the facts under the rules of law applicable, and given to them by the judge. This statute (C. S. § 564) created a substantial legal right in the parties. Nichols v. Fibre Co., 190 N.C. 1, 128 S.E. 471. It is error to fail to comply with it. In the instant case the court gave a correct charge as to the burden of proof, but did not state the rule for the admeasurement of damages arising from the implied contract, in case the voidable parol contract to convey was disaffirmed and breached and benefits were received.

The contentions of the parties are fully given. That the...