(Download) "Hinson v. Shugart" by Supreme Court of North Carolina No. 382 * Book PDF Kindle ePub Free
eBook details
- Title: Hinson v. Shugart
- Author : Supreme Court of North Carolina No. 382
- Release Date : January 12, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
[224 NC Page 210] The theory upon which the plaintiffs presented the case, and upon which it was tried in Superior Court, as is disclosed by the record and case on appeal, is that no permission was given by either Hinson or Garrison to defendant to make the changes in the structure of the porch to the Estelle Summersill house, as required by the terms of the lease. No evidence appears to have been offered, and no contention appears to have been made that Hinson was without authority to act for the lessors of the property, Hinson and Garrison, who owned it as cotenants. But, if such contention had been made, there is sufficient evidence on which to base a presumption that Hinson had authority to act for his cotenant Garrison as well as for himself. Therefore, decision on the first issue was made to rest upon the question as to whether Hinson gave permission to defendant. There is evidence in behalf of plaintiffs that he did not give such permission. And there is evidence in behalf of defendant that he did give such permission. Thus a clear-cut issue of fact in that respect was presented to the jury and the jury has answered in favor of defendant.