Greensboro Bank & Trust Co. v. Scott
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at the May Term, 1922, of ■OumbeelaND. This was a special proceeding, commenced before the clerk of the Superior Court of Cumberland County, in which, the Greensboro Bank •and Trust Company, as guardian for certain minor beirs of one C. L. Bevill, claimed an undivided one-sixth interest in a lot of land in the ■city of Fayetteville, the remaining five-sixth being owned by the defendant, and asked for a sale for partition.
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Appeal by plaintiff from Connor, J., at the May Term, 1922, of ■OumbeelaND. This was a special proceeding, commenced before the clerk of the Superior Court of Cumberland County, in which, the Greensboro Bank •and Trust Company, as guardian for certain minor beirs of one C. L. Bevill, claimed an undivided one-sixth interest in a lot of land in the ■city of Fayetteville, the remaining five-sixth being owned by the defendant, and asked for a sale for partition. The defendant denied that the minor children had any interest in the lot, and claimed that he was the real and sole owner of the same,…
1Opinion of the Court
Stacy, J.,
after stating the case: The promise and offer of O. L. Bevill, under the facts of the instant case, to pay his nephew the sum of $10,000, if he would wholly abstain from the use of intoxicating liquors and devote his entire time and attention to his business for a period of five years, accepted and carried out, as it wa^, by the defendant, constituted a valid and enforceable contract. Homer v. Sidway, 124 N. Y., 538; 12 L. R. A., 463; Clark on Contracts (2 ed.), 114. In Talbott v. Stemmon's Executor, 89 Ky., 222; 5 L. R. A., 856, it was held: “The *315abandonment of tbe use of tobacco…
2Cases cited14 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Avery v. StewartSupreme Court of North Carolina · 1904
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Hoffman v. MozeleySupreme Court of North Carolina · 1957
- Patterson v. StricklandCourt of Appeals of North Carolina · 1999
- Brogden v. . GibsonSupreme Court of North Carolina · 1914
- Cloninger v. . SummitSupreme Court of North Carolina · 1856
1 more not listed; retrieve them via the Exa API.