Farmers Tobacco Warehouse Co. v. Eastern Carolina Warehouse Corp.
Supreme Court of North Carolina
Appeal by defendants from Grady, J., at January Term, 1923, of GRAVEN. Controversy without action, submitted on case agreed.
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Appeal by defendants from Grady, J., at January Term, 1923, of GRAVEN. Controversy without action, submitted on case agreed. Tbe facts submitted by tbe parties, omitting for tbe present certain exhibits annexed thereto and made a part of the same, are as follows: “It is agreed by the parties hereto that the facts hereinafter set forth constitute the basis of a real controversy between the parties hereto, and the said facts are hereby submitted to the court for its determination, as provided by statute, in a controversy without action. “1. That under date of 7 April, 1922, the plaintiff and…
1Opinion of the Court
HoKEj J.
It is ordinarily true tbat where, pending a bargain for the sale and purchase of real estate, valuable buildings thereon which are a principal or substantial inducement to the contract are destroyed by fire without the fault of either of the parties, the loss will fall on the one who is the owner of the property at the time of the fire, and in such case, if the negotiations have resulted in an enforceable and binding agreement to convey, the courts, by the weight of authority, and in the absence of an express stipulation to the contrary, will consider the proposed vendee or bolder of…
2Cases cited9 opinions
- Brewer v. HerbertCourt of Appeals of Maryland · 1869
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- Blanck v. . SadlierNew York Court of Appeals · 1897
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- In re Sale of Sermon's LandSupreme Court of North Carolina · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1938
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- In Re Foreclosure of a Deed of Trust Given by TaylorCourt of Appeals of North Carolina · 1982
- Poole v. . ScottSupreme Court of North Carolina · 1948
- Heirs at Law of Freeman v. RamseySupreme Court of North Carolina · 1925