Wade v. City of Newbern
Supreme Court of North Carolina
This was an Action to recover Damages for Breach of Contract, instituted in Craven and removed to and tried at Spring Term, 1874, of Cahteket Superior Court, before Clarke, J. There was an appeal from the judgment of the Court below, and in this Court, the appeal was dismissed. Same ease, 72 N. C. 498. At June Term, 1875, of this Court, the defendant moved to re-hear the case, and for a certiorari to bring up the case for review as on appeal, which motion was allowed.
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This was an Action to recover Damages for Breach of Contract, instituted in Craven and removed to and tried at Spring Term, 1874, of Cahteket Superior Court, before Clarke, J. There was an appeal from the judgment of the Court below, and in this Court, the appeal was dismissed. Same ease, 72 N. C. 498. At June Term, 1875, of this Court, the defendant moved to re-hear the case, and for a certiorari to bring up the case for review as on appeal, which motion was allowed. Same case, 73 N. C. 318. The facts appear in the opinion.
1Opinion of the Court
ByNüm, J.
That the City of Newbern under its charter has the power to build a market house, is decided in Smith v. City of Newbern, 70 N. C. 14. It follow’s that it has the power of leasing a building for market purposes until one is built.
But the contract here declared on is void. It is a lease of real estate and is not in writing and signed by the party to be charged, or by any other person duly authorized to sign It, pursuant to the statute of frauds. Bat. Rev. ch. 64 § 2.
That statute provides that * * * “All other leases and contracts for leasing lands, exceeding in duration three years…
2Cases cited1 opinion
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
3Cited by12 opinions
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
- Jordan v. Greensboro Furnace Co.Supreme Court of North Carolina · 1900
- Winders v. . HillSupreme Court of North Carolina · 1907
- Hall v. . FisherSupreme Court of North Carolina · 1900
- Angelo v. City of Winston-SalemSupreme Court of North Carolina · 1927
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