Legal Opinion
Barham v. Davenport
Supreme Court of North Carolina
Decided January 10, 1958No. 599PublishedCited by 10 opinions
1Opinion of the CourtJohnson, J.
This is a civil action for specific performance of an option on real estate. The case was heard below on demurrer ore tenus to the complaint for failure to state facts sufficient to constitute a cause of action. The demurrer was sustained, and the plaintiff appeals.
These in substance are the crucial allegations of the complaint: On 29 April, 1948, W. T. Davenport leased the locus in quo to Robert A. Young and John N. Young for a term of five years, beginning 1 June, 1948, and ending at midnight 31 May, 1953, with right of renewal for one year or for a period of five years. The lease was duly…
2Cases cited4 opinions
- Jones v. Palace Realty Co.Supreme Court of North Carolina · 1946
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Brock v. . PorterSupreme Court of North Carolina · 1941
- Lambert Hoisting Engine Co. v. PaschalSupreme Court of North Carolina · 1909
3Cited by10 opinions
- Briggs v. American & Efird Mills, Inc.Supreme Court of North Carolina · 1960
- Fidelity & Casualty Co. of New York v. Nello L. Teer Co.Supreme Court of North Carolina · 1959
- Robinson v. Martel Enterprises, Inc.Mississippi Supreme Court · 1976
- Parks v. Venters Oil CompanySupreme Court of North Carolina · 1961
- Homelite, a Division of Textron, Inc., a Rhode Island Corporation v. Trywilk Realty Company, Inc., a North Carolina CorporationCourt of Appeals for the Fourth Circuit · 1959
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