Newby v. Atlantic Coast Realty Co.
Supreme Court of North Carolina
Appeal from Allen, J., at Spring Term, 1921, of PeRquimaNS. This case was here at a former term, and is reported in 180 N. C., at p. 51, to which we refer for a statement of the facts other than those to be found herein.
Read the full summary
Appeal from Allen, J., at Spring Term, 1921, of PeRquimaNS. This case was here at a former term, and is reported in 180 N. C., at p. 51, to which we refer for a statement of the facts other than those to be found herein. The land was purchased at the sale thereof at public auction, and was bought in for the joint and equal benefit of the plaintiffs and the defendants, and under the new or substitute contract, which was in parol, previously made, the land was to be sold under an option and trust deed, plaintiffs to receive one-half of the net proceeds of the sale of real and personal property,…
1Opinion of the Court
Walker, J.,
after stating the case: When the case was here before, we did not consider the question as to the statute of frauds, because there was no exception requiring us to do so. But in this appeal there was a nonsuit, which may have been granted upon the ground that if there was a contract, as alleged, it was not in writing, and therefore defendants were not bound by it, although the plaintiffs may have established it by their evidence. We wall, therefore, pass upon it, as the question is presented and may arise again unless disposed of by us now. In order to decide this question we must…
2Cases cited17 opinions
- May v. Le ClaireSupreme Court of the United States · 1871
- Seymour v. FreerSupreme Court of the United States · 1869
- Taylor v. BenhamSupreme Court of the United States · 1847
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cook v. LawsonCourt of Appeals of North Carolina · 1968
- Bumgarner v. TomblinCourt of Appeals of North Carolina · 1983
- Whitley v. O'NEALCourt of Appeals of North Carolina · 1969
- T. C. May Co. v. Menzies Shoe Co.Supreme Court of North Carolina · 1922
- Newby v. . HarrellSupreme Court of North Carolina · 1888
2 more not listed; retrieve them via the Exa API.