Lewis v. . Murray
Supreme Court of North Carolina
ActioN tried before Connor, J., and a jury, at February Term, 1918, of Robeson. The action is to enforce specific performance of a contract to sell land on the following paper-writing signed by defendant: BaRnbsvjxle, N. C., 10/18/1917. Received on account of trade on home place, $100.00, one hundred dollars. From D. B. lewis. J". P. Mubbay. Witness: W. C. Walteks.
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ActioN tried before Connor, J., and a jury, at February Term, 1918, of Robeson. The action is to enforce specific performance of a contract to sell land on the following paper-writing signed by defendant: BaRnbsvjxle, N. C., 10/18/1917. Received on account of trade on home place, $100.00, one hundred dollars. From D. B. lewis. J". P. Mubbay. Witness: W. C. Walteks. There was accompanying evidence on the part of plaintiff tending to show that plaintiff, on 18 October, 1917, bought the place on which defendant lived, and where he had lived for fifteen years past, for $1,600 and paid him $100 on…
1Opinion of the CourtHoKe, J.
Tbe portion of our statute of frauds applicable to execu-tory contracts to sell and convey land (Revisal, sec. 976) provides tbat these and certain other contracts specified therein shall be void unless said contract, or some note or memorandum thereof, be put in writing and signed by the party to'be charged therewith or by some other person by him thereto lawfully authorized.
In various decisions construing the statute, it is held that the “party to be charged” is the one against whom relief is sought; and if the contract is sufficient to bind him, he can be proceeded against though the other…
2Cases cited10 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Mizell v. . BurnettSupreme Court of North Carolina · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- River Birch Associates v. City of RaleighSupreme Court of North Carolina · 1990
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Brooks v. HackneySupreme Court of North Carolina · 1991
- Lane v. CoeSupreme Court of North Carolina · 1964
- State v. . DixonSupreme Court of North Carolina · 1939
33 more not listed; retrieve them via the Exa API.