Pope v. . McPhail
Supreme Court of North Carolina
Civil aotioN to recover damages for breach of contract to sell land, tried before Stacy, J., and a jury, at September Term, 1916, of HaRNETT.
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Civil aotioN to recover damages for breach of contract to sell land, tried before Stacy, J., and a jury, at September Term, 1916, of HaRNETT. On denial of liability, the jury rendered the following verdict on issues as to defendant McPhail: 1. Did tbe defendant contract and agree to sell tbe said land in question to tbe plaintiff, as alleged in tbe complaint? Auswer: “Yes.” 2. Did tbe defendant A. R. McPbail prepare, execute, and sign a deed to said land in accordance with sucb contract, as alleged in tbe fourth paragraph of tbe complaint? Answer: “Yesl” 3. If so, has deed been destroyed?…
1Opinion of the CourtHoke, J.
Tbe evidence on tbe part of tbe plaintiff tended to show that in July, 1911, defendant entered into an oral contract with plaintiff to sell tbe latter a tract of land in Sampson County, N. C., of 640 acres, sufficiently designated and described, for tbe sum of $7,000, to be evidenced by plaintiff’s notes, one for $2,500, due 1 September, 1911, and a second note for $4,500, due 1 December, 1912, and that, pursuant to said verbal contract, defendant and wife prepared and signed a deed for tbe property and for tbe consideration stated, which was duly probated, purporting to convey the said land…
2Cases cited5 opinions
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Warren v. . DailSupreme Court of North Carolina · 1915
- Moore, Keppel & Co. v. WardWest Virginia Supreme Court · 1912
- Johnston v. JonesSupreme Court of Alabama · 1887
- Magee v. . BlankenshipSupreme Court of North Carolina · 1886
3Cited by4 opinions
- Harper v. . BattleSupreme Court of North Carolina · 1920
- Aiken v. AndrewsSupreme Court of North Carolina · 1951
- Austin v. . McCollumSupreme Court of North Carolina · 1936
- Oxendine v. . StephensonSupreme Court of North Carolina · 1928