Fort v. . Penny

Citations

• 29 S.E. 362
• 122 N.C. 230
• 1898 N.C. LEXIS 232

Syllabus

<p>Contract — Express and Implied Contract — Action on Contracts — Jurisdiction—Plea in Abatement — Splitting Accounts.</p> <p>1. Where, in the execution of an express contract under which plaintiff was to receive compensation for his services, the plaintiff advanced money at the reguest of the defendant, the former may sue separately on the contract and for the money so advanced.</p> <p>2. Where the subject matter is within the jurisdiction of a Justice of the Peace, the fact that the demand arose out of an indivisible contract which was spoilt for jurisdictional purposes, must be taken advantage of by a plea in abatement before pleading to the merits.</p> <p>3. A demand arising'out of an indivisible contract cannot be split for jurisdictional purposes.</p>