Phelps v. Davenport
Supreme Court of North Carolina
Appeal from Peebles, J., January Term, 1909, of WASHINGTON. Action for the possession of land, the right of which was denied by defendant, who alleged that the plaintiff gave him an option of purchase and wrongfully refused to comply with its terms.
1Opinion of the CourtClark, C. J.
The defendant held an option for the purchase of the land in question. Within the time specified the defendant wrote the plaintiff a note that he elected to take the land at the price stipulated; that he was ready to pay the sum agreed on,- and requested that plaintiff make a deed at once. The plaintiff told the bearer of the note that he would not sell the land and the law would not compel him to do so. There was no money shown or counted out. The defendant testified that he was ready that day to pay the money and had kept ever since the full amount in bank and had been at all times ready…
2Cases cited1 opinion
- Hughes v. Knott.Supreme Court of North Carolina · 1905
3Cited by6 opinions
- First-Citizens Bank & Trust Co. v. FrazelleSupreme Court of North Carolina · 1946
- Cunningham v. . LongSupreme Court of North Carolina · 1923
- Crotts v. . ThomasSupreme Court of North Carolina · 1946
- Gallimore v. . GrubbSupreme Court of North Carolina · 1911
- Shull v. LawrenceIdaho Supreme Court · 1919
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