Russell v. . Wade
Supreme Court of North Carolina
Civil actioN, tried before Moore, J., and a jury, at April Term, 1907, of the Superior Court of Montgomery County. Elaintiff alleges that be and defendant, some time during tbe month of April, 1902, entered into an agreement to procure an option on and, some time later, to purchase a tract of land containing about 2,500 acres, fully described in the complaint, which was owned by Miss Adelaide Kron; that plaintiff .and defendant were each to have one-half undivided interest ;…
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Civil actioN, tried before Moore, J., and a jury, at April Term, 1907, of the Superior Court of Montgomery County. Elaintiff alleges that be and defendant, some time during tbe month of April, 1902, entered into an agreement to procure an option on and, some time later, to purchase a tract of land containing about 2,500 acres, fully described in the complaint, which was owned by Miss Adelaide Kron; that plaintiff .and defendant were each to have one-half undivided interest ; that they were to sell the land and divide the profits equally. Defendant agreed that, if plaintiff would negotiate the…
1Opinion of the Court
CONNOR., J\,
after stating the case: The issues tendered by defendant were properly rejected. They are based upon a misconception of plaintiff’s allegation. The action is not brought to enforce specific performance of a parol contract to convey land, but to declare defendant a trustee in respect to one-hálf undivided interest 'in the land described in the complaint. AVhile there is contradictory evidence, the verdict of the jury, construed with reference to the instructions, establishes plaintiff’s allegation that he and defendant entered into a contract to procure an option on the land and…
2Cases cited4 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
- Hargrave v. . KingSupreme Court of North Carolina · 1848
- Cloninger v. SummitSupreme Court of North Carolina · 1856
3Cited by12 opinions
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Brogden v. GibsonSupreme Court of North Carolina · 1914
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
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