Hicks v. . King
Supreme Court of North Carolina
Appeal from Lyon, J., at November Term, 1908, of DupliN. On 1 January, 1907, the plaintiff leased his farm, in writing, to the defendant (a colored man) for the term of ten years, at a yearly rental of five bales of good middling cotton, of 500 pounds each, with a further provision that if said rent was promptly paid, together with the taxes on the land, then the defendant could become purchaser of the land upon payment of fifty bales more, with provision for forfeiture if…
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Appeal from Lyon, J., at November Term, 1908, of DupliN. On 1 January, 1907, the plaintiff leased his farm, in writing, to the defendant (a colored man) for the term of ten years, at a yearly rental of five bales of good middling cotton, of 500 pounds each, with a further provision that if said rent was promptly paid, together with the taxes on the land, then the defendant could become purchaser of the land upon payment of fifty bales more, with provision for forfeiture if any installment of rent is not promptly paid by lessee, and right of re-entrance thereon. During the first five years the…
1Opinion of the CourtClark, C. J.
The appeal presents practically but one point. The plaintiff contends that the court should have held that punctual payment of rent was of the essence of the contract, and that upon 'default the plaintiff was entitled, to re-enter and take possession. But this would ignore the other features of the contract.
This case is almost identical with Crinkley v. Egerton, 113 N. C., 444, which held that as long as the lessor treated the lease as continuing he was entitled as lessor to the landlord’s lien for rent; biit that whenever he put an end to it by seeking to resume possession the defendant…
2Cases cited7 opinions
- Crinkley v. EgertonSupreme Court of North Carolina · 1893
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Wilcox Bros. v. CherrySupreme Court of North Carolina · 1898
- Clark Bros. v. HillSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boyd v. WattsSupreme Court of North Carolina · 1986