M'Kenzie's Administrators v. Ashe

Superior Court of North Carolina

M'Kenzie's Administrators v. Ashe

3 N.C. 161

DecidedJuly 5, 1802

StatusPublished

This text of 3 N.C. 161 (M'Kenzie's Administrators v. Ashe) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M'Kenzie's Administrators v. Ashe, 3 N.C. 161 (N.C. Ct. App. 1802).

Pincite

Opinion

Johnston, Judge.

These parties having entered into a racing contract have submitted to have that contract governed by the rules of racing 5 and the evidence is, that by the rules of racing such an accident will not excuse the defendant from running, nor the forfeiture if he neglects to run. The contract is to be performed by running, notwithstanding any excuse which may be offered, and notwithstanding any impossibility which may occur in the mean time.

Verdict for the plaintiff, and judgment.

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Johnston, Judge.

These parties having entered into a racing contract have submitted to have that contract governed by the rules of racing 5 and the evidence is, that by the rules of racing such an accident will not excuse the defendant from running, nor the forfeiture if he neglects to run. The contract is to be performed by running, notwithstanding any excuse which may be offered, and notwithstanding any impossibility which may occur in the mean time.

Verdict for the plaintiff, and judgment.

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Bluebook (online)

3 N.C. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mkenzies-administrators-v-ashe-ncsuperct-1802.