Robbins v. . Love
Supreme Court of North Carolina
T > From Cumberland. J Action for goods, wares and merchandize, sold and delivered.—A witness proved the sale of the articles, and that there remained due, on such sale, one thousand dollars. The Defendant offered, in evidence, a deed of bargain and sale, made by him to the Plaintiffs, for a house and lot, in consideration of the sum of one thousand dollars.
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T > From Cumberland. J Action for goods, wares and merchandize, sold and delivered.—A witness proved the sale of the articles, and that there remained due, on such sale, one thousand dollars. The Defendant offered, in evidence, a deed of bargain and sale, made by him to the Plaintiffs, for a house and lot, in consideration of the sum of one thousand dollars. The Defendant proposed to prove, by Plaintiffs’ witness, who was a subscribing witness to the deed, that it was made to, and accepted by the Plaintiffs, in payment of the goods sold j but the Court refused to hear the testimony, because…
1Opinion of the CourtHall, Judge
When, originally, the Defendant received the goods from the Plaintiffs, he became their debtor to the amount of one thousand dollars, and, for and in consideration of that one thousand dollars, it was agreed that the house and lot should be conveyed to the Plaintiffs by the Defendant. There was, certainly, a thousand dollars in the hands of the Defendant, belonging to the Plaintiffs, when the deed was executed. The Defendant acknowledges that he has received that sum from them. I can see no objection to the enquiry, how that thousand dollars came into the Defendant’s hands; whether the…
2Cited by3 opinions
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- Davis v. TurnerCourt of Appeals for the Fourth Circuit · 1903
- McMillan v. . HafleySupreme Court of North Carolina · 1815