Nelson v. . Rhem
Supreme Court of North Carolina
Appeal by plaintiff from Kerr, J., at the November. Term, 1919, of CRAVEN. This is an action to recover balance due on a contract for the purchase of a house and lot, tried on the following agreed facts: “1. The plaintiff agreed to convey to the defendants a certain lot in the city of New Bern upon the payment of forty-two thousand five hundred dollars ($42,500), payable one-half in cash and one-half in Liberty Bonds.
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Appeal by plaintiff from Kerr, J., at the November. Term, 1919, of CRAVEN. This is an action to recover balance due on a contract for the purchase of a house and lot, tried on the following agreed facts: “1. The plaintiff agreed to convey to the defendants a certain lot in the city of New Bern upon the payment of forty-two thousand five hundred dollars ($42,500), payable one-half in cash and one-half in Liberty Bonds. “2. The plaintiff contends that she was to receive enough bonds at the market price to cover the $21,250, and the defendants contend the plaintiff was to receive bonds of the…
1Opinion of the CourtAllen, J.
The contract of the defendant is to pay $42,500, “payable one-half in cash and one-half in Liberty Bonds,” and if we were to adopt the construction of the plaintiff we would strike out of the agreement of the parties the terms of payment, leaving an unqualified promise to pay $42,500, as this would be the effect, if “one-half in Liberty Bonds” means the market value of the bonds.
The phrase “one-half in Liberty Bonds” means nothing if not bonds on their face, promising to pay $21,250, one-half the purchase money, and we have no right to change the contract, in the absence of allegation or…
2Cases cited5 opinions
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
- Anderson v. EwingCourt of Appeals of Kentucky · 1823
- Phelps v. RileySupreme Court of Connecticut · 1820
- Easton v. HydeSupreme Court of Minnesota · 1868
- Hamilton v. . EllerSupreme Court of North Carolina · 1850
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