Blackmer v. . Phillips
Supreme Court of North Carolina
This was a civil action, tried before Cloud, J., at Spring Term, 1872, of Rowan Superior Court. The parties agree upon the facts as follows : M. A. Smith was the owner in fee of a house and lot in Salisbury, and on the 10th day of October, 1868, contracted to convey the same in fee to the defendant for $2400; $800 was paid in cash, and defendant executed two notes of $800 each,, one payable in 12 months, and the other in 24 months, from January 15th, 1869, to secure the…
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This was a civil action, tried before Cloud, J., at Spring Term, 1872, of Rowan Superior Court. The parties agree upon the facts as follows : M. A. Smith was the owner in fee of a house and lot in Salisbury, and on the 10th day of October, 1868, contracted to convey the same in fee to the defendant for $2400; $800 was paid in cash, and defendant executed two notes of $800 each,, one payable in 12 months, and the other in 24 months, from January 15th, 1869, to secure the purchase money and was let into possession. At Spring Term, 1869, plaintiff’ obtained judgment against Smith and had the…
1Opinion of the Court
Pearson. C. J.
On the case agreed, the plaintiff insists that he is entitled to judgmentthat the defendant pay to him the ¿mount of the two notes, given by defendant to Smith, for the balance of the purchase money, or else that the house and lot be sold to satisfy the same.
On the contrary, the defendant insists, that as he has paid the amount of the two notes to Holmes, who was a Iona fide holder, for full value and without notice, by endorsement of the notes before maturity, he has performed the condition of the contract of sale on his part, and is entitled to judgment that the plaintiff…
2Cited by9 opinions
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- Isler v. . KoonceSupreme Court of North Carolina · 1879
- Tally v. . ReedSupreme Court of North Carolina · 1876
- Morrison v. . McLauchlinSupreme Court of North Carolina · 1883
- Huggins v. . KetchumSupreme Court of North Carolina · 1838
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