Galloway v. . Goolsby
Supreme Court of North Carolina
Appeal by defendant from Shaw, Jat June Term, 1918, of Rock-INGHAM. This is an action to recover judgment for balance due on the sale of a tract of land made by plaintiff’s father and devisor to the defendant. The defendant contends that he bought by the acre, on a basis of 97 acres, and that on an actual survey since signing the contract the land contains only 81 acres, and that he has overpaid the plaintiff by mistake $17.SO.
Read the full summary
Appeal by defendant from Shaw, Jat June Term, 1918, of Rock-INGHAM. This is an action to recover judgment for balance due on the sale of a tract of land made by plaintiff’s father and devisor to the defendant. The defendant contends that he bought by the acre, on a basis of 97 acres, and that on an actual survey since signing the contract the land contains only 81 acres, and that he has overpaid the plaintiff by mistake $17.SO. The plaintiff contends that the contract was in writing; that he sold, and the defendant bought, the “Turner Wall tract” of land for $700; that there is no mention of…
1Opinion of the CourtClare, C. J.
The assignments of error are:
1. That the court erred in refusing to give the defendant judgment on the pleadings because the plaintiff did not reply to the defendant’s further answer containing the counterclaim for an abatement in price because of shortage in the acreage, and the second assignment of error is for refusal to instruct tbe jury that “for lack of such reply, the counterclaim must be taken as true without any evidence.”
The complaint sets out the contract, which is in writing, and alleged' that $700 was the amount due, less the payments made, and that the land was sold as a tract…
2Cases cited7 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Mottu v. Davis.Supreme Court of North Carolina · 1909
- Stern v. BenbowSupreme Court of North Carolina · 1909
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
- Beaman v. Ward.Supreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Stone v. Doctors' Lake Milling Co.Supreme Court of North Carolina · 1926
- Waddell v. . AycockSupreme Court of North Carolina · 1928
- Evans v. . DavisSupreme Court of North Carolina · 1923
13 more not listed; retrieve them via the Exa API.