Joyce v. . Williams

1 N.C. 119

Opinions

This was an action of assumpsit, founded on a written promise of indemnity made under the following circumstances: The plaintiff was sheriff of Rockingham County when a writ of fieri facias against the property of Nathaniel Williams came to his hands, upon which he made a levy and appointed the day of sale. The plaintiff, who had been but a short time in office and was but imperfectly acquainted with its duties, was told by the present defendant, who was an attorney, and brother to the defendant in execution, that a sale could not legally take place unless three actual bidders were present; and was likewise warned by him of the consequences of knocking down the property, unless to a third bidder. This induced the plaintiff to apply to the defendant for his advice professionally, and he then repeated the same information; and that the plaintiff might entertain no doubt of its truth, and to induce him to conduct the sale accordingly, he promised to indemnify him against all damages he might receive in consequence of discontinuing the sale, in case there should not be three bidders.