Price v. . Deal
Supreme Court of North Carolina
CiyiIj ActioN tried at Spring Term, 1883, of ALEXANDER Superior Court, before Gudger, J. This action was brought to recover damages for the breach of covenants contained in a deed from the defendant to the plaintiff.
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CiyiIj ActioN tried at Spring Term, 1883, of ALEXANDER Superior Court, before Gudger, J. This action was brought to recover damages for the breach of covenants contained in a deed from the defendant to the plaintiff. The plaintiff alleged that he purchased the land described in his complaint, containing about sixty acres, for the price of three hundred dollars, -which was paid by him, and was a full and fair price for the land embraced within the boundaries of the deed which the defendant executed to the plaintiff at the time of the purchase. ' That the deed contained two covenants — the one…
1Opinion of the CourtAshe, J.
The defendant’s counsel insisted that, as the demand for judgment in the complaint was for damages for a breach of the covenant of quiet enjoyment, the plaintiff could not recover, because no eviction under a paramount title had been shown, and the plaintiff was not entitled to recover the amount paid by him to remove the incumbrance, because it was a voluntary act on his part.
But the plaintiff alleged breaches of the covenant of seizin as well as that of quiet enjoyment, and prayed for general relief. In such a case the courts will look to the allegations and proofs and give the plaintiff…
2Cases cited4 opinions
- Brandt v. FosterSupreme Court of Iowa · 1857
- Rickert v. SynderNew York Supreme Court · 1832
- Farmers' Bank v. GlennSupreme Court of North Carolina · 1873
- Fawcett v. WoodSupreme Court of Iowa · 1857
3Cited by21 opinions
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- Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898
- Curtis v. BrannonTennessee Supreme Court · 1897
- Gulf Refining Co. v. FetschanCourt of Appeals for the Sixth Circuit · 1942
- Cover v. . McAdenSupreme Court of North Carolina · 1922
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