Buffkin v. . Baird Roper
Supreme Court of North Carolina
Civil aotioN, tried before Eure, J., at Spring Term, 1875, CamdeN Superior Court. The following are the facts as disclosed by the statement of the ease as settled by his Honor and sent up to this Court as a part of the record : The plaintiff believing that he was the owner of one undivided fourth of a tract of land in Pasquotank county, known as the Sawyer patent, by deed from J. S. Proctor, offered to sell the same to the defendants.
Read the full summary
Civil aotioN, tried before Eure, J., at Spring Term, 1875, CamdeN Superior Court. The following are the facts as disclosed by the statement of the ease as settled by his Honor and sent up to this Court as a part of the record : The plaintiff believing that he was the owner of one undivided fourth of a tract of land in Pasquotank county, known as the Sawyer patent, by deed from J. S. Proctor, offered to sell the same to the defendants. The defendants declined to buy so small an interest, but expressed a willingness to buy three-fourths of the whole. The plaintiff represented that he owned…
1Opinion of the CourtRodmaN, J.
The two writings executed by the plaintiff and by the defendants, respectively, formed a single contract, by which the plaintiff was bound to convey to the defendants a good title to three-fourths of the Sawyer land within one hundred days, and the defendants were bound on receiving such title to pay the plaintiff $3,300.
Ordinarily, it is proper to consider first the right of the plaintiff to recover, as unaffected by any supposed defence. But in this case it will be convenient first to consider and dispose of a defence which goes to the foundation of the contract, and, which if it could be…
2Cases cited2 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Algeo v. AlgeoSupreme Court of Pennsylvania · 1823
3Cited by8 opinions
- Harwood v. Shoe.Supreme Court of North Carolina · 1906
- Young v. . JeffreysSupreme Court of North Carolina · 1838
- Burch v. . BushSupreme Court of North Carolina · 1921
- Whitlock v. Auburn Lumber Co.Supreme Court of North Carolina · 1907
- Hall v. Durham Loan & Trust Co.Supreme Court of North Carolina · 1931
3 more not listed; retrieve them via the Exa API.