Williams v. . Hodges
Supreme Court of North Carolina
This was a civil ACTION, tried at Fall Term, 1885, of Hyde Superior Court, before Shepherd, Judge. The plaintiff alleged in substance, that sometime in the year 1883, the defendant, one Simmons and himself, agreed that they would jointly purchase for their common benefit, a tract of land then about to be sold; that accordingly at the sale thereof, the land was bid off by the defendant, and the title conveyed to him by a proper deed ; that it was a material part of the…
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This was a civil ACTION, tried at Fall Term, 1885, of Hyde Superior Court, before Shepherd, Judge. The plaintiff alleged in substance, that sometime in the year 1883, the defendant, one Simmons and himself, agreed that they would jointly purchase for their common benefit, a tract of land then about to be sold; that accordingly at the sale thereof, the land was bid off by the defendant, and the title conveyed to him by a proper deed ; that it was a material part of the agreement that the defendant should convey one hundred acres of the land, properly designated, to the plaintiff, and another…
1Opinion of the CourtMerrimON, J.
(after stating the facts). We are unable to see any ground upon which the exception can be sustained. In our judgment, there was evidence competent and abundantly sufficient to go to the jury to prove the material allegations of the complaint put in issue by the answer, if the jury believed it. Several witnesses testified directly and expressly to the agreement as alleged, and others, to facts and circumstances that tended to prove the same thing.
It is not denied that the agreement is one that must be upheld, and may be enforced if it exists, and being so, it is quite clear that it may be…
2Cited by6 opinions
- Harding v. . LongSupreme Court of North Carolina · 1889
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Cobb v. EdwardsSupreme Court of North Carolina · 1895
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
- Hinton v. . PritchardSupreme Court of North Carolina · 1890
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