Gwathney, Dey Co. v. . Cason
Supreme Court of North Carolina
Civil action-, tried before Eure., J, at Fall Term, 1875, of tbe Superior Court of ChowaN county. In 1872, one Burton conveyed to the plaintiffs a house and lot in Edenton, N. C., to secure certain debts, and having felled to pay the same, the trustees, on the 14th day of March, 1874, after due notice, &c., offered said lot for sale.
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Civil action-, tried before Eure., J, at Fall Term, 1875, of tbe Superior Court of ChowaN county. In 1872, one Burton conveyed to the plaintiffs a house and lot in Edenton, N. C., to secure certain debts, and having felled to pay the same, the trustees, on the 14th day of March, 1874, after due notice, &c., offered said lot for sale. On that day their agent, one Petteway, offered the interest of Burton in the lot for sale at public auction, and proclaimed to the bystanders the terms of the sale, the defendant being present. After several bids the interest of Burton was bid off and knocked…
1Opinion of the CourtKodmaN, J.
The only question presented in this case is, was the contract by defendant to purchase land, “or some note or memorandum thereof, put in writing and signed by the party to be charged therewith, or by some other person by him thereto lawfully authorized,” as is required by the statute of frauds. Bat. Bev. chap. 50, sec. 10.
The contract was not signed by the defendant personally. It is properly admitted however, that upon a purchase of land at auction, a signature of the defendant’s name by the auctioneer, in the presence of the defendant and with his consent, to any wilting containing the…
2Cases cited1 opinion
- Coles v. BowneNew York Court of Chancery · 1844
3Cited by13 opinions
- Hall v. Misenheimer.Supreme Court of North Carolina · 1904
- Smith v. . JoyceSupreme Court of North Carolina · 1939
- Dunham v. HartmanSupreme Court of Missouri · 1900
- Love v. HarrisSupreme Court of North Carolina · 1911
- Dickerson v. Simmons.Supreme Court of North Carolina · 1906
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