Judgment that the verdict be set aside, and a nonsuit entered, on the authority of the act of Assembly.
Sharp v. Murphey, 1 N.C. 521, 1 Cam. & Nor. 521 (1804)
June 1804
·
North Carolina Court of Conference
1 N.C. 521, 1 Cam. & Nor. 521
Cyrus Sharp vs. James Murphey.
The parties, by an agreement under their hands and seals, covenanted to run a race on the 5th day of March, 1802, between the hours of twelve *522and three o’clock in the afternoon. Having met at the time, they, by parole, agreed to postpone the running to a later hour; but, in all other respects, to he governed by the articles of the race. The plaintiff brought an action of assumpsit and, on the trial, had a verdict, subject to the opinion of the Court.