Legal Opinion

Norton v. . Smith

Supreme Court of North Carolina

Decided May 12, 1920PublishedCited by 20 opinions

Civil action, tried before Long, J., and a jury, at September Term, 1919, of ALEXANDER. Plaintiff brought this action to recover damages for the breach of a contract for the sale of land. The defense was that the-description of the land was too uncertain and indefinite, and the contract is, therefore, void.

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Civil action, tried before Long, J., and a jury, at September Term, 1919, of ALEXANDER. Plaintiff brought this action to recover damages for the breach of a contract for the sale of land. The defense was that the-description of the land was too uncertain and indefinite, and the contract is, therefore, void. The land was described as follows: “Whereas, J. A. Smith has sold to W\ H. Norton his entire tract or boundary of land consisting of 146 acres on the following conditions, . . . payments to be secured by notes and mortgage on said land, with interest from date of transfer. Said Norton is…

1Opinion of the Court

Walker, J.,

after stating the case as above: There was evidence tending to sbow tbat the defendant owned but one tract of land, and bad listed for taxation only one tract, wbicb was the land occupied by bim as a borne; tbat it contained exactly one hundred and forty-six acres; tbat be bad lived there 10 or 11 years; the land is about one mile from Stony Point, where the contract was made; it has bis dwelling on it, and defendant raised tobacco there. It appears to be a well known place, and the only one the defendant owned. It is admitted in the answer tbat the defendant refused to convey any…

2Cases cited11 opinions

  1. Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
  2. Farmer v. . BattsSupreme Court of North Carolina · 1880
  3. Bateman v. . HopkinsSupreme Court of North Carolina · 1911
  4. Lewis v. . MurraySupreme Court of North Carolina · 1919
  5. Carson v. . RaySupreme Court of North Carolina · 1860

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. River Birch Associates v. City of RaleighSupreme Court of North Carolina · 1990
  2. Brooks v. HackneySupreme Court of North Carolina · 1991
  3. Lane v. CoeSupreme Court of North Carolina · 1964
  4. Ray v. WoosterSupreme Court of Missouri · 1954
  5. Harper v. . BattleSupreme Court of North Carolina · 1920

15 more not listed; retrieve them via the Exa API.

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