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Barron v. Cain

North Carolina Supreme Court
216 N.C. 282 (1939)


The defendant was the plaintiff’s 85-year-old granduncle. The granduncle told the grandnephew that if the grandnephew came to live with him and care for him, the grandnephew would be paid well for his services upon the granduncle’s death. The grandnephew sued the granduncle, alleging in his complaint that he did in fact move to live with the granduncle and take care of him, for a period of seven years. The grandnephew also alleged, however, that he was subjected to abuse during this time, and that the granduncle assaulted him with a deadly weapon, forcing him to leave the property. As a result of this conduct, the grandnephew did not entirely perform his part of the contract, because he could no longer care for the granduncle until his death. The trial court ruled in favor of the grandnephew, holding that his complaint was sufficient to state a cause of action. The granduncle appealed.

Rule of Law


Holding and Reasoning (Barnhill, J.)

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