Duffy v. . Phipps
Supreme Court of North Carolina
Appeal by defendant from Bay, J., at September Term, 1920, of G-uileoed. Tbe defendant entered into a written contract in November, 1919, as follows: “I agree to sell L. J. Duffy about 204 acres of land, known as tbe Buffalo farm, and adjoining tbe lands of Cicero Ifoore, C. D. Benbow, and Thomas Pemberton and others, at $100 per acre, and I acknowledge tbe payment of one bundled dollars as first payment on said lands, and in case tbe sale is not closed within 60 days then…
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Appeal by defendant from Bay, J., at September Term, 1920, of G-uileoed. Tbe defendant entered into a written contract in November, 1919, as follows: “I agree to sell L. J. Duffy about 204 acres of land, known as tbe Buffalo farm, and adjoining tbe lands of Cicero Ifoore, C. D. Benbow, and Thomas Pemberton and others, at $100 per acre, and I acknowledge tbe payment of one bundled dollars as first payment on said lands, and in case tbe sale is not closed within 60 days then this $100 is forfeited and all agreements are null and void. I agree in case that L. J. Duffy completes this trade, to…
1Opinion of the Court
Glare, O. J.
Tbe defendant’s contract to sell tbe plaintiff “about 204 acres of land, known as tbe Buffalo farm, and adjoining tbe lands of Cicero Moore, C. D. Benbow, Thomas Pemberton, and others, at $100 per acre” was a sale by tbe acre, and tbe plaintiff is entitled to a rebate, or a return, of tbe amount overpaid. Henofer v. Realty Co., 178 N. C., 584.
Tbe defendant contends tbat tbe contract was merged in tbe deed, and therefore tbe complaint does not state a cause of action. Tbe deed representing tbat tbe acreage was 197 acres was tbe act of tbe defendant in assumed execution of tbe…
2Cases cited3 opinions
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Adams v. . JoynerSupreme Court of North Carolina · 1908
- Henofer v. Realty Loan & Guaranty Co.Supreme Court of North Carolina · 1919
3Cited by3 opinions
- Crotts v. . ThomasSupreme Court of North Carolina · 1946
- Queen v. SiskSupreme Court of North Carolina · 1953
- Buckman v. . BragawSupreme Court of North Carolina · 1926