{
  "id": 8624677,
  "name": "NED H. MAY and MIKE D. MAY, Doing Business as D. C. MAY COMPANY, a Partnership, v. CHARLES C. HAYNES, JR. CONSTRUCTION COMPANY, INC., CHARLES C. HAYNES, JR., and JANE BARRY HAYNES",
  "name_abbreviation": "May v. Haynes",
  "decision_date": "1960-05-18",
  "docket_number": "",
  "first_page": "583",
  "last_page": "586",
  "citations": [
    {
      "type": "official",
      "cite": "252 N.C. 583"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "109 S.E. 2d 263",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "250 N.C. 565",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625048
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      "case_paths": [
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    {
      "cite": "88 S.E. 2d 104",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "242 N.C. 450",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8616291
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/242/0450-01"
      ]
    },
    {
      "cite": "112 S.E. 2d 522",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "251 N.C. 729",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8627366
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/251/0729-01"
      ]
    }
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  "analysis": {
    "cardinality": 406,
    "char_count": 7865,
    "ocr_confidence": 0.491,
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    "simhash": "1:8574b03f20bbd005",
    "word_count": 1321
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  "last_updated": "2023-07-14T17:30:54.749131+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "NED H. MAY and MIKE D. MAY, Doing Business as D. C. MAY COMPANY, a Partnership, v. CHARLES C. HAYNES, JR. CONSTRUCTION COMPANY, INC., CHARLES C. HAYNES, JR., and JANE BARRY HAYNES."
    ],
    "opinions": [
      {
        "text": "Bobbitt, J.\nThe only question is whether the court erred in overruling Haynes\u2019 motion for judgment of nonsuit in respect of the $800.00 allegedly due under the contract of May 18, 1956.\nThere is no controversy as to these facts: A contract was entered into under which plaintiffs were to paint two houses on property known as Fargo 1 and 2, Rosebriar Subdivision, for $800.00. Plaintiffs completed this work on or about May 30,1956, but have not been paid.\nThe evidence tends to show the contract was entered into at the Haynes home in Hope Valley, the persons present being (plaintiff) Mike D. May, Haynes and Haynes\u2019 wife.\nMay\u2019s testimony, summarized, tends to show: Prior to May 18, 1956, Haynes told May \u201che was going to build a number of houses in a project\u201d and would like for plaintiffs to do the painting. At that time, May advised Haynes he did not think plaintiffs would be interested. Later, as requested by Haynes, May went to the Haynes home. In the course of the conversation, Haynes explained his plans for building houses in the subdivision, stating that \u201che (Haynes) had already had the houses financed that he was going to build and that there wouldn\u2019t be any question as far as money was concerned.\u201d May, being advised that the subdivision property was owned by the corporation, said \u201cthere had been a question in his mind regarding his position.\u201d Thereupon, Haynes stated that the Haynes home in Hope Valley, owned by him and his wife, .with the land around it, was worth $75,000.00. May then asked, \u201c(W)hat about the corporation?\u201d To this inquiry, Haynes replied: \u201cIt\u2019s the same thing.\u201d Haynes then stated that he and his wife owned the Hope Yalley property, owned) all of the stock in the corporation and that it was all one and the same thing. May stated, \u201cunder those conditions,\u201d he would be glad to work with Haynes.\nThe basic fact is that the agreement with plaintiffs was made by Haynes. The only question is whether, in making the agreement, he was acting solely for the corporate defendant or, as plaintiffs alleged, \u201cfor and on behalf of himself and the said corporation.\u201d\nHaynes had a personal, immediate and pecuniary interest in the transaction, tie and his wife owned the entire capital stock of the corporation. (Note: It was alleged and admitted that Haynes owns 41 of the 43 shares of the corporation\u2019s capital stock and is its president, managing officer and controlling stockholder.) To dispel May\u2019s doubts as to whether credit should be extended, Haynes cited the value of the Hope Valley property and identified the property and interests of himself and his wife and the corporate property and interests as being one and the same thing. Reasonable inferences may be drawn from this evidence to the effect that Haynes represented to May and assured him that Haynes personally, in addition to the corporation, would be obligated for the payment of the contract price and that this was the agreement upon which plaintiffs accepted and performed the contract. Since such agreement involves an original promise or undertaking on the part of Haynes at the time credit was extended, G.S. 22-1 does not apply. Warren v. White, 251 N.C. 729, 112 S.E. 2d 522, where prior decisions are cited and discussed.\nThe evidence, in our view, was sufficient for submission for jury determination as to whether Haynes, when he contracted for the $800.00 job, did so in his individual capacity as well as in behalf of the corporation, and that Haynes\u2019 motion for judgment of nonsuit was properly overruled.\nThe charge of the trial judge was not included in the record on appeal. Hence, it is presumed the jury was instructed correctly on every applicable principle of law. Hatcher v. Clayton, 242 N.C. 450, 88 S.E. 2d 104, and cases cited.\nIt is noted: The only subject discussed in the said conversation at the Haynes home was the work on the two houses on Fargo 1 and 2, Rosebriar Subdivision. There was no evidence of any conversations relating to the work to be done under the three later contracts referred to in the complaint.\nIt is noted further: The theory on which plaintiffs sought to recover and on which the trial was conducted was that Haynes, -individually, was a principal party to the contract of May 18, 1956. Hence, whether Haynes is liable under the rule applied in Lester Brothers v. Insurance Co., 250 N.C. 565, 109 S.E. 2d 263, was not and is not presented.\nNo error.",
        "type": "majority",
        "author": "Bobbitt, J."
      }
    ],
    "attorneys": [
      "Brooks <fc Brooks for plaintiffs, appellees.",
      "Daniel K. Edwards for defendant Charles C. Haynes, Jr., appellant."
    ],
    "corrections": "",
    "head_matter": "NED H. MAY and MIKE D. MAY, Doing Business as D. C. MAY COMPANY, a Partnership, v. CHARLES C. HAYNES, JR. CONSTRUCTION COMPANY, INC., CHARLES C. HAYNES, JR., and JANE BARRY HAYNES.\n(Filed 18 May, 1960.)\nFrauds, Statute of, \u00a7 5\u2014\nEvidence that plaintiffs agreed to do certain construction work, which agreement was made with an individual who was .president of the development company and the owner of practically all its shares of stock, upon his representation to the effect that he would be personally liable for the contract price, is held sufficient to be submitted to the jury on the question of whether the individual contracted for the work in his individual capacity, as well as in behalf of .the corporation, and his agreement is an original promise not coming within the statute of frauds. G.S. 22-1.\nAppeal by defendant Charles C. Haynes, Jr., from Hall, J., October Term, 1959, of Durham.\nCivil action to recover $4,154.94, allegedly owing by defendants for work (painting and decorating) performed by plaintiffs pursuant to four separate contracts.\nPlaintiffs alleged that Charles C. Haynes, Jr., hereafter called Haynes, \u201cfor and on behalf of himself and the said corporation,\u201d entered into contracts with 'plaintiffs for four different jobs; that they completed the work on each job; and that defendants have failed to pay any part of the amounts due plaintiffs under said contracts. Plaintiffs alleged the first of these contracts, entered into on or about May 18, 1956, was for painting on property of the corporate defendant designated Pargo 1 and 2, Rosebriar Subdivision, the contract price being $800.00. The later contracts, so plaintiffs alleged, were entered into on or about August 2, 1956, October 4, 1956, and October 15, 1956, respectively.\nThe corporate defendant, in its answer, admitted it had contracted with plaintiffs as alleged but denied it was indebted to plaintiffs. However, at the trial, the corporate defendant stipulated it was indebted to plaintiffs in the full amount of $4,154.94.\nHaynes, in his answer, alleged the four contracts with plaintiff were made solely by the corporation and denied that he, individually, entered into such contracts with plaintiffs. Although designated a defendant in the caption, Jane Barry Haynes, wife of Charles C. Haynes, Jr., filed no answer. Appellant\u2019s brief advises that she was not served with summons.\nThe only evidence was that offered by plaintiffs. At the conclusion thereof, Haynes moved for judgment of nonsuit. His motion was allowed as to all but the $800.00 allegedly due under the contract of May 18, 1956. Haynes excepted to the denial of his motion in respect of this $800.00 item.\nThe court submitted, and the jury answered, these issues: \u201c1. Did the defendant Charles C. Haynes, Jr., contract for the painting job at Fargo 1 and 2, Rosebriar Subdivision? ANSWER: Yes. 2. What amount, if any, is plaintiff (sic) entitled to recover of Charles C. Haynes, Jr., in reference to the Fargo 1 and 2, Rosebriar Subdivision painting job? ANSWER: $800.00.\u201d\nJudgment was entered against the corporation for $4,154.94 and costs and against Haynes for $800.00 and costs, with provisions (not pertinent to this appeal) to the effect that payments on either judgment (up to $800.00, interest and costs) are to be credited on both. Haynes excepted and appealed.\nBrooks <fc Brooks for plaintiffs, appellees.\nDaniel K. Edwards for defendant Charles C. Haynes, Jr., appellant."
  },
  "file_name": "0583-01",
  "first_page_order": 623,
  "last_page_order": 626
}