Gibson v. . Smith and Foard
Supreme Court of North Carolina
Bill for specific performance, beard before 'Logan, J. at Fall term 1868 of the Superior Court of Cabarrus. The bill alleged that the plaintiff on the 11th of August 1865 contracted by bond to sell the defendant Smith a certain tract of land at the price of $15,000 in specie; that Smith gave three notes for the price with the defendant Foard as surety, and had paid two of them; that suit was brought and judgment recovered upon the third (being for $1,000); that an execution…
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Bill for specific performance, beard before 'Logan, J. at Fall term 1868 of the Superior Court of Cabarrus. The bill alleged that the plaintiff on the 11th of August 1865 contracted by bond to sell the defendant Smith a certain tract of land at the price of $15,000 in specie; that Smith gave three notes for the price with the defendant Foard as surety, and had paid two of them; that suit was brought and judgment recovered upon the third (being for $1,000); that an execution issued thereon to the Sheriff of Cabarrus County who was instructed by the plaintiff to accept nothing else but specie,…
1Opinion of the CourtPearsoN, C. J.
This action for the specific performance of •a contract was commenced after the adoption of “ the Code of Civil Procedure,” and was founded upon a contract, not subject to the Stay ordinance; but the irregularity, if it be' one, in making the summary return to the Superior Gourt, and not to the Clerk of the Court, is waived. So also the error of setting i down the case for hearing on complaint and demurrer, and sending it to this Court by consent, instead of having a judg-ement in the Superior Court, and bringing the case up by appeal* is not insisted upon; and by consent, the proper entries…
2Cited by4 opinions
- Saieed v. . AbeyounisSupreme Court of North Carolina · 1940
- Grant v. . BurgwynSupreme Court of North Carolina · 1883
- Branch Banking & Trust Co. v. BoykinSupreme Court of North Carolina · 1926
- Smith v. . GibsonSupreme Court of North Carolina · 1876