Sawyer v. Wright

Supreme Court of North Carolina

Sawyer v. Wright

149 S.E.2d 873, 268 N.C. 163, 1966 N.C. LEXIS 1152

DecidedSeptember 21, 1966

StatusPublished

This text of 149 S.E.2d 873 (Sawyer v. Wright) is published on Counsel Stack Legal Research, covering Supreme 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

Sawyer v. Wright, 149 S.E.2d 873, 268 N.C. 163, 1966 N.C. LEXIS 1152 (N.C. 1966).

Pincite

Opinion

Per Curiam.

The plaintiff paid the defendant $975 as part of the purchase price for a boat the defendant did not own. Upon this admission by the defendant, plaintiff was clearly entitled to recover that amount.

[164]*164Defendant’s contention that he was prevented from obtaining good title to the boat by plaintiff’s wrongful interference in having the liens cancelled is without merit. The facts show that defendant admittedly was not the owner of the boat; that he did not do the work he contracted to do and he failed to deliver the boat on the agreed date. The plaintiff, in having the liens cancelled, was merely seeking to protect himself from further loss in view of his previous transactions with the defendant.

The defendant asserts a counterclaim and seeks to recover of plaintiff money which he expended in rebuilding a boat that neither he nor plaintiff owned at the time the work was done. There is no merit in his counterclaim under these conditions.

The judgment is

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The plaintiff paid the defendant $975 as part of the purchase price for a boat the defendant did not own. Upon this admission by the defendant, plaintiff was clearly entitled to recover that amount.

[164]*164Defendant’s contention that he was prevented from obtaining good title to the boat by plaintiff’s wrongful interference in having the liens cancelled is without merit. The facts show that defendant admittedly was not the owner of the boat; that he did not do the work he contracted to do and he failed to deliver the boat on the agreed date. The plaintiff, in having the liens cancelled, was merely seeking to protect himself from further loss in view of his previous transactions with the defendant.

The defendant asserts a counterclaim and seeks to recover of plaintiff money which he expended in rebuilding a boat that neither he nor plaintiff owned at the time the work was done. There is no merit in his counterclaim under these conditions.

The judgment is

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

149 S.E.2d 873, 268 N.C. 163, 1966 N.C. LEXIS 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-wright-nc-1966.