Shell v. . Roseman
Supreme Court of North Carolina
Appeal from Jos. S. Adams, J., at tbe August Term, 1910, of Ieedell. Tbis action is to recover damages for a false and fraudulent representation in the sale of land.
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Appeal from Jos. S. Adams, J., at tbe August Term, 1910, of Ieedell. Tbis action is to recover damages for a false and fraudulent representation in the sale of land. The plaintiff offered evidence tending to prove that the defendant agreed to sell him a tract of land, known as the Christopher place, for $1,600; that the plaintiff did not know the boundaries of this place; that the defendant agreed to have the land surveyed before the deed was made, and to notify the plaintiff so that he might be present at the survey; that the defendant had the survey made, but gave no notice to the…
1Opinion of the CourtAlleN, J.
The defendant relies on two exceptions in his brief, and all others are waived.
The first is to the refusal to charge that there was no evidence of fraud, and the second for failure to give the following instruction: “If the jury shall find from the greater weight of the evidence that before the delivery and acceptance of the deed from the defendant to plaintiff the plaintiff and the defendant went upon and looked over the land, and that the defendant Roseman showed to the plaintiff, Shell, the lines and corners of the land defendant was selling to plaintiff; and if the jury shall further find…
2Cases cited3 opinions
- Ward v. Odell Manufacturing Co.Supreme Court of North Carolina · 1898
- Woodbury v. . EvansSupreme Court of North Carolina · 1898
- Fox v. . KlineSupreme Court of North Carolina · 1881
3Cited by50 opinions
- Harrison v. North Carolina RailroadSupreme Court of North Carolina · 1927
- Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
- Christman v. . HilliardSupreme Court of North Carolina · 1914
- State v. . ThompsonSupreme Court of North Carolina · 1946
- Stevens v. TurlingtonSupreme Court of North Carolina · 1923
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