Davis v. . Watters

3 N.C. 173

Opinion

The plaintiff must state in his warrant the nature of his demand, so as to give notice to the defendant of what is intended to be proved against him; and when that is stated he should not be allowed to vary from it. The cause of action now stated is not an account, but a complaint for nonperformance of a special agreement, sounding in damages. Admitting what is contended for on the part of the plaintiff, that a demand on a special agreement, where the sum to be recovered does not exceed £ 20, is within the jurisdiction of a justice, it will not avail the plaintiff, for that does not prove that when he sues on account he may claim for nonperformance of a special agreement.

The plaintiff was nonsuited.

NOTE. — See Hamilton v. Jervis, 19 N.C. 227. A single justice has not jurisdiction where damages are sought for the breach of an executory contract. S. v. Alexander, 11 N.C. 182; Tyer v. Harper,12 N.C. 387; Fentress v. Worth, 13 N.C. 229; Adcock v.Fleming, 19 N.C. 470.