Legal Opinion

Ballard v. . Boyette

Supreme Court of North Carolina

Decided September 15, 1915PublishedCited by 11 opinions

Appeal by plaintiff from Whedbee, J., at March Term, 1914, of Gates. This is an action to recover land, in which the defendant alleged in his answer that at the time of the execution of the deed to the plaintiff, under which he claims, an agreement was entered into between the vendor and the plaintiff and the defendant that title should be made to the plaintiff and that he would reconvey the land to the defendant upon the payment of the purchase price.

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Appeal by plaintiff from Whedbee, J., at March Term, 1914, of Gates. This is an action to recover land, in which the defendant alleged in his answer that at the time of the execution of the deed to the plaintiff, under which he claims, an agreement was entered into between the vendor and the plaintiff and the defendant that title should be made to the plaintiff and that he would reconvey the land to the defendant upon the payment of the purchase price. This was denied by the plaintiff, and he refused to recognize any rights of the defendant in the land. The defendant testified upon the trial…

1Opinion of the CourtAlleN, J.

The doctrine of enforcing a parol contract to convey land upon the ground of part performance does not prevail in this State. Ellis v. Ellis, 16 N. C., 341; Rhea v. Craig, 141 N. C., 610. But it is well settled that the owner of land who has entered into a contract of this character cannot repudiate the contract and retain the benefits which he has received under it, whether in the form of money paid upon the purchase price or of the enhanced value of the land by reason of improvements. Albea v. Griffin, 22 N. C., 9; Luton v. Badham, 127 N. C., 96; Kelly v. Johnson, 135 N. C., 647; Ford v.…

2Cases cited11 opinions

  1. Sykes v. Boone.Supreme Court of North Carolina · 1903
  2. Pitt v. . MooreSupreme Court of North Carolina · 1888
  3. Albea v. GriffinSupreme Court of North Carolina · 1838
  4. Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
  5. Wood v. Tinsley.Supreme Court of North Carolina · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Grantham v. . GranthamSupreme Court of North Carolina · 1933
  2. Atkinson v. AtkinsonSupreme Court of North Carolina · 1945
  3. Atkinson v. . AtkinsonSupreme Court of North Carolina · 1945
  4. Duckett v. HarrisonSupreme Court of North Carolina · 1952
  5. Grimes v. . GuionSupreme Court of North Carolina · 1942

6 more not listed; retrieve them via the Exa API.

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